HON’BLE MR.JUSTICE R.SUBHASH REDDY Writ Petition No.7048 of 2008 Date: July 1, 2011 Between: N.Saraswathi, W/o.Rama Rao, Hindu, aged 28 years, Occ:housewife, R/o.Epigunta village, T.Narsapuram Mandal, West Godavari District and others … Petitioners And The District Collector, West Godavari, Eluru and others … Respondents Order: This writ petition is filed seeking mandamus declaring the action of the respondents in granting house-site pattas to third parties in the land in Sy.Nos.60/16B, 60/17B, 60/12 and 60/13 of Epigunta village, T.Narsapuram Mandal, West Godavari District, as illegal arbitrary. It is the case of the petitioners that they were granted house-site pattas in the land admeasuring Ac.0.1 ½ cents covered by the aforesaid survey numbers. Their grievance is that respondents are taking steps for dispossessing them from the house-sites which were allotted to them in spite of their holding valid pattas. The 3rd respondent-Tahsildar, T.Narsapuram Mandal, West Godavari District, has filed counter-affidavit on behalf of the respondents denying the allegations made by the petitioners. In the counter-affidavit, it is stated that the petitioners have not taken possession of the plots allotted them and after issuing notices calling for their explanation, pattas earlier granted to them have been cancelled by proceedings dated 14-03-2008 in Ref.Roc.271/2003, following due procedure and fresh pattas were already issued to the eligible beneficiaries of Epigunta village in an extent of Ac.0.02 cents each. It is further stated that all the petitioners herein are given fresh pattas and they have also been put in possession of their respective plots. It is the case of the petitioners though pattas earlier granted to them were intact, respondents were taking steps to dispossess the same from the plots allotted to them, but, as is evident from the counter-affidavit filed on behalf of the respondents, petitioners failed to take possession of the respective plots allotted to them; therefore pattas granted to them earlier have been cancelled vide proceedings dated 14-03-2008. In that view of the matter, it cannot be said that respondents were taking steps to grant pattas to third parties during the subsistence of pattas in the name of the petitioners. In any event, as it is stated in the counter-affidavit that now all the petitioners have been issued fresh pattas over the land admeasuring Ac.0.02 cents each and were already put in possession of the respective plots wherein they have also started constructions, I see no ground to grant the relief as prayed for, at this stage. Writ Petition is accordingly disposed of. However, if any of the petitioners are aggrieved by proceedings dated 14.03.2008, canceling the pattas granted to them at the first instance; it is open to them to question the same by filing an appropriate petition. No order as to costs. ___________________ (R.SUBHASH REDDY, J) June 29, 2011 MRR