IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 206 of 1999 Between: 1. Gonna Borayya Naidu, S/o Tatalu 2. Mainampati Venkateswararao, S/o Venkatayya 3. Gonna Srinivasarao, S/o Appalakonda 4. Singareddy Lakshmi, W/o Tata Naidu 5. Yetcham apparao. S/o.Kannam Naidu 6. Aakali apparao, S/o.Kondayya 7. Gonna Peda Apparao, S/o.Borayya 8. Gurram apparao, S/o.Abbai 9. Senapathi Narayana, S/o.Sanyasi 10. Padala Apparao, S/o.Pydaiah 11. Padala Peda Apparao, S/o.Pydaiah 12. Gonna Venkata Ramana, S/o. Jagannadham 13. Gonna Nooka Apparao, S/o. Jagannadham 14. Singareddi Rama Rao, S/o.Yerrayya 15. Gopisetti Suribabu, S/o.Chinna Rao 16. Gopisetti Pydiraju, S/o.Chinna Rao 17. Singareddy Srinivasa Rao, S/o.Yerrayya 18. Palli Apparao, S/o.Nookalu 19. Palli Appala Konda, S/o.Nookalu 20. Gurram Musalayya, S/o.Simhachalam 21. Senapathi Pentayya, S/o.Mahalakshmi 22. Senapathi Lakshmi, W/o.Nookaraju 23. Senapathi Venkataramana, S/o.Mahalakshmi 24. Gonna Jagannadham, S/o.Appalakonda 25. Majji Balaram, S/o.Anantayya 26. Sidagam Koteswararao, S/o.Suryanarayana 27. Gondu Nagabhushana Rao, S/o.Ramulu 28. Gonna Sanyasi Rao, S/o.Musalayya 29. Gonna Srinivasa Rao, S/o.Mahalakshmi 30. Karnam Lakshmi, W/o.Borayya 31. Palli Borra Naidu, S/o.Pydayya 32. Gummala Appala Narasamma, W/o.Apparao 33. Ellapu Ramanamma, W/o.Suryanarayana 34. Pediredla Srinu, S/o.Apparao 35. Palli Chinnam Naidu, S/o.Pydayya 36. Balireddy Ramunaidu, S/o.Apparao 37. Gonna Apparao, S/o.Appanna 38. Kandhimulla Nageswararao, S/o.Basavayya 39. Gonna Sanyasi Rao, S/o.Pydayya 40. Gonna Srinivasa Rao, S/o.Tatalu 41. Gonna Veerajagannadha Rao, S/o.Tatalu 42. Gonna Apparao, S/o.Borayya 43. Bobbari Demudamma, W/o.Tatarao 44. Matta Chandramma, W/o.Kondayya 45. Kuntchi Satyavathi, W/o.Ramana 46. Nagibilli Mahalakshmi, W/o.Chinnodu 47. Galla Apparao, S/o.Sanyasi 48. Gonna Ramana, S/o.Appanna 49. Dasari Appala Naidu, S/o.Ramulu 50. Dasari Pydamma, W/o.Kondayya 51. Gedala Varalakshmi, W/o.Apparao 52. Gonna Apparao, S/o.Appalakonda 53. Gonna Venkatarao, S/o.Nookaraju 54. Gonna Ramana, S/o.Borayya 55. Senpathi Apparao, S/o.Musalayya 56. Pediredla Ramarao, S/o.Appala Naidu 57. Gonna Nookaraju, S/o.Latchanna, All are residing at Gonnavaripalem, Visakhapatnam District. ..... PETITIONERS AND 1. The District Collector, Visakhapatnam 2. The Mandal Revenue Officer, Gajuwaka Mandal,Visakhapatnam. ..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 any appropriate writ especially one in the nature of writ of Mandamus directing the respondents to issue house site pattas on such terms as are feasible and appropriate to the petitioners in respect of their holding in the extent of Ac.4 in Sy.No.215/1,4 and 5A of Agnampudi Village Gajuwaka Mandalam, Visakhapatnam District. For the Petitioner:MR.C.SUBBA RAO, Advocate For the Respondent No.: GP FOR ASSIGNMENT The Court made the following : ORAL ORDER The petitioners-fifty seven in number, have filed this writ petition, seeking writ of mandamus to direct the respondents to issue house site pattas to them in Sy.No.215/1,4 and 5A of Agnampudi village, Gajuwaka Mandal, Visakhapatam district. It is their case that they are not having house sites and they are in occupation of 250 square yards of land each from 1992 onwards in Sy.No. 215/1,4 and 5A of Agnampudi village. In the affidavit filed in support of the writ petition, it is stated that though the petitioners are in possession of 250 square yards of land each, the respondent-Government authorities are taking steps to assign only to an extent of 60 square yards each for the purpose of house sites. Further, it is their case that when their applications are pending consideration for the last several years and they are in possession of the above said land in question since 1992 onwards, the respondents shall have to consider for grant of assignment of house site pattas as per the policy notified by the Government in various Government orders. But, in the counter-affidavit filed on behalf of the respondents, it is stated that the land in Sy.No. 215/1,4 and 5A of Agnampudi village, is a Government land and in pursuance of the policy of the Government to provide house site pattas to weaker sections, the lay out was prepared and submitted to Visakhapatnam Urban Development Authorities, as required under the provisions of the A.P.Urban Areas Development Act,1975. Further, it is stated that Visakhapatnam Urban Development Authorities refused to approve the said lay out on the ground that the land in the above said survey number is part of industrial Zone as per the master plan. Further, it is stated that there is no promise at any point of time for grant of pattas to the petitioners. Further, it is stated even in the permissible area, for grant of assignment of house sites, as per the Government policy, an individual is entitled only to an extent of 60 square yards. Respondents also denied grant of any house sites to any applicants, in the said survey number. When the very lay out proposals are rejected by the competent authority for the purpose of carving out to the house sites, it is not open even for the respondents to grant of house sites, in the above said survey numbers. When the very lay out proposals were rejected on the ground that the land is included in the industrial zone, no positive direction can be issued by this Court for issuance of pattas in the said survey numbers. As the possession of the petitioners is not denied, it is open for the respondents to consider the change of land use in question for grant of house sites. But, at the same time, in view of the averments in the counter-affidavit, no mandamus can be issued for grant of house sites to the petitioners by this court. Further, it is needless to observe that if the petitioners are in possession, they have to be evicted only by following due process of law. Subject to above direction, the writ petition is disposed of. No costs. ASSISTANT REGISTRAR. //TRUE COPY// SECTION OFFICER. To 1.The District Collector, Visakhapatnam 2.The Mandal Revenue Officer, Gajuwaka Mandal,Visakhapatnam. 3. Two C.D.Copies.