IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.V.SANJAY KUMAR WRIT PETITION No.22170 OF 2000 Between: 1 Y.Tata Rao, S/o. Nukalu, R/o. Nathayyapalem, Gajuvaka Mandal, Visakhapatnam District. 2 Pasupuleti Murthy, S/o. Narsinga Rao, R/o. Nathayyapalem, Gajuvaka Mandal, Visakhapatnam District. 3 Ponnana Rajuswari, W/o. Ramakrishna, Ankireddipalem, R/o. Nathayyapalem, Gajuvaka Mandal, Visakhapatnam District. 4 Gopisetti Simhachalam, S/o. Ramulu, R/o. Nathayyapalem, Gajuvaka Mandal, Visakhapatnam District. 5 Pujari Viswanatham, S/o. Mukhalingam, R/o. Nathayyapalem, Gajuvaka Mandal, Visakhapatnam District. 6 Bodakurthi Srinivasan, S/o. Satyanarayana, Ankireddipalem, R/o. Nathayyapalem, Gajuvaka Mandal, Visakhapatnam District. 7 Prataprao Satyanarayana, S/o. nelaiah, R/o. Nathayyapalem, Gajuvaka Mandal, Visakhapatnam District. 8 Karri Kanaka Rao, S/o. Nukalu, R/o. Nathayyapalem, Gajuvaka Mandal, Visakhapatnam District. 9 Mentu Appa RAo, S/o. Challaiah, R/o. Nathayyapalem, Gajuvaka Mandal, Visakhapatnam District. 10 Gopisetti Sanyasirao, S/o. Chinapaidaiah, R/o. Nathayyapalem, Gajuvaka Mandal, Visakhapatnam District. 11 Bonda Narayana Rao, S/o. Achanna, R/o. Nathayyapalem, Gajuvaka Mandal, Visakhapatnam District. 12 Naripinni Lakshmi, W/o. Kanakarao, R/o. Nathayyapalem, Gajuvaka Mandal, Visakhapatnam District. 13 Pujari Damayanthi, W/o. Appa Rao, Akkireddipalem, R/o. Nathayyapalem, Gajuvaka Mandal, Visakhapatnam District. 14 Naripinni Sanyasirao, S/o. Demudu, R/o. Nathayyapalem, Gajuvaka Mandal, Visakhapatnam District. 15 O.Appa RAo, S/o. Adinarayana, R/o. Nathayyapalem, Gajuvaka Mandal, Visakhapatnam District. 16 Potnuri Appa RAo, S/o. Tatalu, R/o. Nathayyapalem, Gajuvaka Mandal, Visakhapatnam District. 17 Gandreddi Paidaiah, S/o. Bangaraiah, R/o. Nathayyapalem, Gajuvaka Mandal, Visakhapatnam District. 18 S.Imhadri Nookaraju, S/o. Dalappa, R/o. Nathayyapalem, Gajuvaka Mandal, Visakhapatnam District. 19 Shaik Ammalu, W/o. Madina, R/o. Nathayyapalem, Gajuvaka Mandal, Visakhapatnam District. 20 Adireddi Mutyalanaidu, S/o. Demudu Naidu, R/o. Nathayyapalem, Gajuvaka Mandal, Visakhapatnam District. 21 Sabbavarapu Demudu, S/o. Dalaiah, R/o. Nathayyapalem, Gajuvaka Mandal, Visakhapatnam District. 22 Gorapilli Srinivasa Rao, S/o. Mahalakshi, R/o. Nathayyapalem, Gajuvaka Mandal, Visakhapatnam District. 23 Polavalasa Krishna, S/o. Suryanarayana, R/o. Nathayyapalem, Gajuvaka Mandal, Visakhapatnam District. 24 Lagisetti Sankara Rao, S/o. Gngaiah, R/o. Nathayyapalem, Gajuvaka Mandal, Visakhapatnam District. 25 P.Sadhurao, S/o. Adiyya, R/o. Nathayyapalem, Gajuvaka Mandal, Visakhapatnam District. 26 Simhadri Sanyasamma, W/o. Rambabu, R/o. Nathayyapalem, Gajuvaka Mandal, Visakhapatnam District. 27 D.Tata Rao, S/o. Parsaiah, R/o. Nathayyapalem, Gajuvaka Mandal, Visakhapatnam District. 28 Gandreddi Lakshmi, W/o. Srinivasa Rao, R/o. Nathayyapalem, Gajuvaka Mandal, Visakhapatnam District. 29 P.Nagamalleswara Rao, S/o. Sitharamaiah, R/o. Nathayyapalem, Gajuvaka Mandal, Visakhapatnam District. 30 Indara Saraswathi, W/o. Raju, R/o. Nathayyapalem, Gajuvaka Mandal, Visakhapatnam District. 31 N.Sanyasiraju, S/o. Appala Raju, R/o. Nathayyapalem, Gajuvaka Mandal, Visakhapatnam District. 32 S.Ramulamma, W/o. Pedasanyasi, R/o. Nathayyapalem, Gajuvaka Mandal, Visakhapatnam District. 33 K.Venkata Rao, S/o. Sannibabu, R/o. Nathayyapalem, Gajuvaka Mandal, Visakhapatnam District. 34 Anisetti Adinarayana, S/o. Ramulu, R/o. Nathayyapalem, Gajuvaka Mandal, Visakhapatnam District. 35 Chintalapudi Appa Rao, S/o. Talupulu, R/o. Nathayyapalem, Gajuvaka Mandal, Visakhapatnam District. 36 Thondavarapu Appa Rao, S/o. Appanna, R/o. Nathayyapalem, Gajuvaka Mandal, Visakhapatnam District. 37 Gopisetti Jaya, W/o. Sanyasi Rao, R/o. Nathayyapalem, Gajuvaka Mandal, Visakhapatnam District. 38 K.sivalingam, S/o. Suryanarayana, R/o. Nathayyapalem, Gajuvaka Mandal, Visakhapatnam District. ..... PETITIONERS AND 1 The Joint Collector, Visakhapatnam. 2 The Revenue Divisional Officer, Visakhapatnam. 3 The Mandal Revenue Officer, Gajuvaka Mandal, Visakhapatnam District. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court may be pleased to issue any appropriate Writ, order or direction preferably a Writ in the nature of Mandamus directing the Respondents to take further steps in pursuance of the assignment through Proceedings No.247/92 dated Nil-6- 1992 issued by the Mandal Revenue Oﬃcer, Gajuwaka Mandal, Visakhapatnam District and put the petitioners in possession of the sites assigned in their favour forthwith and pass such further or other order as the Honourable Court may deem ﬁt and proper in the circumstances of the case. Counsel for the Petitioners : MR.Y.SUDHAKAR Counsel for the Respondents: GP FOR ASSIGNMENTS The Court made the following : HONOURABLE SRI JUSTICE P.V.SANJAY KUMAR WRIT PETITION No.22170 OF 2000 O R D E R The petitioners in the present writ petition claim to be land less poor persons. It is their case that they were assigned pattas in the year 1992 by the Mandal Revenue Oﬃcer, Gajuwaka Mandal, third respondent herein, in respect of the lands in Sy.Nos.157/2, 106, 104 and 112 of Thungalam Village. It is their complaint that in spite of making a paper allotment in their favour, the respondent authorities did not take any further steps with regard to the demarcation of the sites and the possession of the said sites was not handed over to the beneficiaries of the allotment. A counter-aﬃdavit is ﬁled by the Mandal Revenue Oﬃcer, Gajuwaka Mandal, Visakhapatnam, third respondent herein, wherein it is stated that the subject lands were classiﬁed in the revenue records as Vagu Poramboke and tank bed lands. The said lands were therefore not amenable for assignment. However, by over-sight the said land admeasuring Ac.6-00 was identiﬁed for allotment of house sites to weaker sections and it was in this process that the petitioners were allotted house site pattas. The possession of the lands, however, was not handed over to them as the demarcation was not completed. It appears that, in the meanwhile, the villagers ﬁled an objection petition with regard to the assignment of these lands complaining that their houses would be inundated if constructions were made on the lands proposed to be assigned, as the same would obstruct the flow of the water to the tank. On the basis of the said complaint, it appears that a fresh enquiry was initiated and after veriﬁcation, the authorities found that most of the beneﬁciaries identiﬁed for allotment of the subject land were also ineligible on various grounds. It is further stated that show cause notices were issued to such beneﬁciaries calling upon them to explain as to why the assignment made in their favour should not be cancelled. It is stated that the petitioners were also amongst such beneﬁciaries who were addressed show cause notices. The case of the respondents is that the petitioners, without submitting their replies to the show cause notices, approached this Court by way of the present writ petition. Heard Sri Y.Sudhakar, learned counsel appearing for the petitioners and the learned Government Pleader for Assignment. The petitioners did not choose to state in their aﬃdavit in the writ petition that they had received show cause notices in respect of the proposed cancellation of the assignment made in their favour. However, the learned counsel appearing for the petitioners would pray that the petitioners be given an opportunity to go before the authorities at least at this stage and submit their explanation to the show cause notices, so that they could put-forth their grievance and also prove their bonaﬁdes, if required. This Court is conscious of the fact that tank bed lands and lands in water courses cannot be subjected to assignment as house sites. Such an action would only lead to destruction of our already precariously balanced ecology and environment. However, the fact remains that the petitioners were assigned house sites at least on paper and it is not open to the authorities to deny them in this regard without at least giving them an opportunity of hearing and without considering as to whether they should be assigned alternate lands elsewhere. Therefore, the petitioners herein are permitted to submit their explanation to the show cause notices issued by the respondent authorities within a period of six weeks from the date of receipt of a copy of this order. Thereupon, the respondent authorities shall consider the same and pass appropriate orders within a period of six weeks thereafter. With the above observation, the writ petition is disposed of. There shall be no order as to costs. ----------------------------- P.V.SANJAY KUMAR,J 30TH SEPTEMBER, 2008 PGS THE HON'BLE MR JUSTICE P.V.SANJAY KUMAR WRIT PETITION No.22170 of 2000 30TH SEPTEMBER, 2008