IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINETEENTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 25599 of 2008 Between: 1 Kothapalli Rajayalakshmi, (After marriage Y. Rajyalakhsmi), W/o. Yalamanchili Narasimha Rao, R/o. Flat No.4, Green House, 50-121-10/1/4, Balaji Hills, Visakhapatnam -13. 2 Kothapalli Vijayalakshmi, (After marriage D. Vijayalakhsmi), W/o. D. Ravindra Babu, R/o. Ramakrishna Towers, Flat No. 304(50-116-6/4, Hill View Lay Out, Seethammadhara North Extension, Visakhapatnam - 13. 3 Kothapalli Madhavi, (After marriage Rayala Madhavi), W/o. R. Rajendra Kumar, Sree Saivihar Apartments, Door No. 49- 54-7/9, Plot NO. 502, Balaji Layout, Balaji Hills, Visakhapatnam - 13. 4 K. Suresh, S/o. Rangavulu, C/o. Ch. Prabhakar Rao, 14-53, R.R. V. Puram Post, Balaji Gardens, Visakhapatnam -29. 5 D. Jaya Devi, W/o. D.V. Raghavaiah, C/o. K. Balaramakrishna, 10-50-191, Siripuram Junction, Visakhapatnam - 3 6 K. Sunanda , D/o. Raghavulu, C/o. Ch. Prabhakar Rao, 14-53, R.R. V. Puram Post, Balaji Gardens, Visakhapatnam -29. 7 Y. Sujatha, D/o. Madhusudhan Rao, rep. by G.P.A. Holder, Sri K.M. Rao, 39-9-94/1, Thennetinagar, Visakhapatnam -7. 8 M. Dharmaraju, S/o. Venkataratnam, rep. by G.P.A. Holder, Sri K.M. Rao, 39-9-94/1, Thennetinagar, Visakhapatnam -7. 9 V. Venkateswara Rao, S/o. Veera Raghavaiah, rep. by G.P.A. Holder, Sri K.M. Rao, 39-9-94/1, Thennetinagar, Visakhapatnam -7. 10 S. Babu Rao, S/o. Late Venkata Krishnaiah, C/o. K. Balaramakrishna, 10-5-19, Siripuram, Visakhapatnam -3. 11 Kodali Ranga Rao Choudary, S/o. Bheemaiah, R/o. 33-10-14, Srilakshmi Home Lord, 4-F-1/B - 502, Srinivasa Rao Veedhi, Seetharampuram, Viskahapatnam-4. ..... PETITIONERS AND 1 The Government of Andhra Pradesh, Rep. byits Secretary, Revenue Department, Secretariat Buildings, Saifabad, Hyderabad. 2 The District Collector, Visakhapatnam District, Visakhapatnam. 3 The Revenue Divisional Officer, Visakhapatnam Division, Visakhapatnam. 4 The Special Deputy Tahsildar (Inams), Gajuwaka, Visakhapatnam District. Visakhapatnam, Andhra Pradesh. 5 The Mandal Revenue Officer, Gajuwaka, Visakhapatnam District, Visakhapatnam, Andhra Pradesh. 6 The Mandal Revenue Inspector, Gajuwaka, Visakhapatnam District, Visakhapatnam, Andhra Pradesh. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ, order, direction more particularly one in the interest of Mandamus, calling for records relating to all the Ryotwari Pattas granted in favour of the petitioners and shown in the Annexure statement, declaring that the petitioners are lawful owners and possessors of the land in Survey NO.86 of Gajuwaka Mandal, Viakahpatnam by virtue of pattas granted by the respective authorities as shown in the Annexure statement. Counsel for the Petitioners : MR.P.CHAKRAVARTHY Counsel for the Respondents : GP FOR REVENUE The Court made the following : ORDER: The petitioners claim to be in possession of various extents of land ranging from 0.06 to 0.30 cents in survey No.86 of Gajuwada Revenue Village of Visakhapatnam District. The complaint of the petitioners is that the respondents are trying to dispossess them. Various grounds are urged by the petitioners in support of the claim for the lands alleged to be in their possession. Learned Government Pleader for Revenue, on instructions, submits that the entire land in survey No.86 admeasuring Acs.356 belongs to the Government. It is stated that on the basis of the recommendations made by the Housing Committee of the State Legislature, the Government issued orders in G.O.Ms.No.44, dated 07.01.2008, for regularization of small extents of land in possession of the individuals and the petitioners did not make any such application. Heard learned counsel for the petitioners and learned Government Pleader for Revenue. The petitioners base their claims on the pattas said to have been issued by the Mokhasadar. There is nothing on record to show that any proceedings were initiated or orders passed, in favour of the petitioners under the provisions of the A.P.Inams Abolition Act, 1956. Taking note of the fact that large number of people are in possession of small extents of land in survey No.86, the Government issued G.O.Ms.No.44, providing for regularization. The conditions, subject to which the regularization can be made, are mentioned in it. For one reason or the other, the petitioners did not make any application. This Court cannot pronounce upon the legality or otherwise of the claims made by the petitioners. It is for the authorities to verify as to whether the petitioners are in possession at all and if so, their possession can be regularized under G.O.Ms.No.44, including the extent that can be regularized. Hence, the Writ Petition is disposed of, leaving it open to the petitioners to submit applications to the concerned authority as provided for under G.O.Ms.No.44, dated 07.01.2008, within a period of four weeks from today. On receipt of such applications, the concerned authority shall pass appropriate orders on the applications, after due verification, within two months from the date of receipt of such applications. Till such time, status quo obtaining as on today, as regards the lands for which regularization is claimed, shall be maintained. There shall be no order as to costs. ___________________ L.NARASIMHA REDDY,J Dated:20.01.2009 Note : Furnish C.C. in two days. (B/o) GJ