THE HONOURABLE SRI JUSTICE A.GOPAL REDDY WRIT PETITION No.23991 of 2002 Date of Order:17.02.2011 Between: D.Lalitha Devi and others ..Petitioners and The District Collector, Guntur and another ..Respondents The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY WRIT PETITION No.23991 of 2002 ORDER :- Petitioners, who are 41 in number, filed the present writ petition declaring the action of the respondents in threatening to demolish the houses of the petitioners made in the assigned land of Kesanapalli Village, Narsaraopet Mandal, Guntur District without issuing any notice and without conducting any enquiry, as arbitrary, illegal and without jurisdiction. Pending the writ petition, this Court by order, dated 29.11.2002, directed the respondents not to demolish the structures and at the same time, the petitioners are also prohibited from making any new constructions. On respondent Nos.1 to 3 filing WV.MP.No.626 of 2003 along with the counter, this Court by order, dated 22.08.2003, vacated the interim stay granted on 29.11.2002 observing that the writ petitioners approached the Court apprehending demolition of constructions; that the petitioners have not denied the averments made in the counter affidavit by filing any reply affidavit and made clear that if any action is to be taken either for eviction of the petitioners or for cancellation of pattas granted to them, necessary procedure contemplated under law shall be followed. In the counter filed by the respondents, it is categorically asserted that the petitioners at Sl.Nos.1, 3, 5, 8, 9, 15, 16, 17, 20, 26, 27, 29, 32, 33, 38 and 40 (Total 17) made base level construction in the plots assigned to them and further construction is not pursued. The petitioners at Sl.Nos.6, 14, 19, 22, 37 and 41 (Total 6) raised small huts fixing four polls. No walls or even taties are put up. Except the petitioners at Sl.Nos.1, 16 and 37 who are eligible, the bona fide of the remaining 38 writ petitioners and their eligibility has to be not correct as there is no information in the office file regarding 1) Mandal Revenue Officer sending proposals for sanction of houses under weaker section housing programme on 07.06.2001 in favour of the petitioners and 2) Issue of proceedings in Rc.No.413/IAY/2001- 02/2001-Hy, dated 22.09.2001, by the Collector and Executive Director sanctioning the loan for construction of houses in favour of 57 persons. The house plots are assigned as early as on 10.08.1998. As per condition No.2 of the house site patta form granted in pursuance of assignment, the assignee within a period of six months construct a hut/tiled house/Middle house in the plot assigned. Failure to comply with the construction as noted in condition No.2, such house plot will be resumed to Government without payment of compensation as per condition No.5. In reality a press publication directing the assignees to file their address particulars in the office of the Mandal Revenue Officer, Narsaraopet, no other notice was issued either by respondent Nos.2 or 3 in the matter. None of the petitioners, except petitioner No.14 completed the construction and residing therein and there is no threat as alleged to demolish the structures. It is further submitted that effective action will be taken to cause further verification of eligibility or otherwise of beneficiaries who filed address particulars in the office of the Mandal Revenue Officer as per the press notification but only after following due procedure, basing on the confirmed information action will be taken. In view of the same, the respondents are under obligation to follow due procedure in the event if they want to resume the land assigned for violation of the conditions. The undertaking given by the respondents in the counter affidavit is placed on record. The Writ Petition is, accordingly, disposed of. There shall be no order as to costs. _________________ A.GOPAL REDDY, J February 17, 2011 Lmv