THE HONOURABLE SRI JUSTICE G. CHANDRAIAH W.P. No.4980 of 2006 Date: 09-10-2009 Between: The Rayalaseema Rural Reconstruction Social Service Society … Petitioner And Mandal Revenue officer and others … Respondents THE HONOURABLE SRI JUSTICE G. CHANDRAIAH W.P. No.4980 of 2006 ORDER: This writ petition has been filed seeking Writ of Mandamus declaring the action of the respondents in not handing over the possession of the house sites to the 53 members of the petitioner’s Society as per their respective grant of pattas in Survey No.435 of B.K.Palle village Madanapalle Mandal, as illegal, arbitrary and unjust and consequently direct the respondents to put the said grantees in possession of their respective plots. The petitioner is the Rayalaseema Rural Reconstruction Social Service Society (hereinafter referred to as ‘the Society’) and the members of the Society are labourers and weavers. On the representation made by them to the 2nd respondent, Revenue Divisional Officer, after thorough enquiry by the 1st respondent, Mandal Revenue Officer, 53 members of the Society were granted house site pattas in Survey No.435 of B.K.Palle of Madanapalle Mandal and pattas were also issued by the 1st respondent. Though the pattas were issued, no physical possession of the sites were given to the beneficiaries by the 1st respondent, even there were many directions given by the respondents 2 and 3. It is also submitted that the beneficiaries reliably came to know that the 1st respondent, under the influence of local political leaders, is not taking any action under the patronage of those leaders. Hence, the present writ petition. No counter has been filed. Heard the learned counsel and perused the material on record. The learned counsel appearing for the petitioner submitted that though the pattas were given to the members of the Society, physical possession of the land shown in the pattas were not handed over to them. In spite of many directions given by the higher authorities to the 1st respondent, he is not taking any action in the matter. Therefore, he submits that appropriate direction may be given to the 1st respondent to hand over the physical possession of the house sites to the beneficiaries. The main grievance of the petitioner in the instant writ petition is that though the beneficiaries were given house site pattas, no physical possession is given to them by the 1st respondent even there were many directions from the higher authorities. From a perusal of the record it is obvious that the higher authorities have addressed many letters dated 22.02.2004, 08.06.2004, 03.01.2005, 29.09.2005 and 06.12.2005 by the District Collector, Chittoor, Sub Collector, Madanapalle, Revenue Divisional Officer, Madanapalle, Sub Collector, Madnapalle and Sub Collector, Madanapalle, respectively, to the Mandal Revenue Officer, Madanapalle, requesting him to look into the matter personally and take necessary immediate action in the matter and send a compliance report. The letter dated 22.02.2004 addressed by the District Collector, Chittoor, to the Mandal Revenue Officer, Madanapalle, is reads as under: “I invite your personal attention to the references cited wherein you were requested to examine the issue and take necessary action as per rules in force and inform the action taken to the petitioners directly within the stipulated time and report within 10 days. But no report has been received so far. I therefore request you to look into the matter personally and inform whether the above society beneficiaries problem solved or not? And send detailed report within 3 days without fail. A copy of the reference 3rd cited is sent herein.” The letter dated 06.12.2005 addressed by the Sub Collector, Madanapalle, to the Mandal Revenue Officer, Madanapalle, is reads as under: “I invite your attention to the references cited and inform you that in the reference 7th cited the President, Rayalaseems Rural Reconstruction Social Service Society, Madanapalle branch has represented that the Mandal Revenue officer, Madanapalle hasgranted house site pattas to 53 members of their society and some of their plots so granted were occupied by some un-authorised persons and that they have represented to the Joint Collector, Chittoor and Sub Collector, Madanapalle for handing over the sites to them and that that though the District Collector, Chittoor and Sub Collector, Madanapalle have given directions to the Mandal Revenue officer, Madanapalle to get the sites under un-authorised occupation vacated and to handover the same to their members, the Mandal Revenue officer, Madanapalle has not taken steps to handover the sites to their society members till now and that due to the delay caused in handing over the possession of the sites the house construction loans, which were sanctioned from weavers’ quota have also been cancelled and due to that their members are facing lot of mental agony in the matter and finally requested for orders of Sub Collector, Mdanapalle in the matter. In this connection that on the similar representations previously you have been instructed to take necessary action in the matter and to send compliance report and the complance report is still awaited from you. In the circumstances, I request you to look into the matter personally and take necessary immediate action in the matter and send a compliance report.” From the above it is very clear that many letters have been addressed by the higher authorities to the 1st respondent, Mandal Revenue Officer, to look into the matter personally and take necessary action and report the compliance but there is no iota of correspondence from the 1st respondent whether had he taken any action on the instructions of the higher authorities or is he facing any difficulty in taking any action. Even for a moment taking into consideration that the 1st respondent is facing difficulties from any anti social elements, at least, there must be some reply to the letters addressed by the authorities narrating the situation to comply instructions of the authorities. It is not known that why the higher authorities have not proceeded against the 1st respondent for non compliance of their letters. Under those circumstances, the action of the 1st respondent on the face of it is illegal and arbitrary and in violation of principles of legitimate exceptional rights of the petitioners in getting the house sites, pursuant to the pattas issued in their favour. Having regard to the facts and circumstances of the case and the submission made by the learned counsel and taking note of the fact that though the matter pertains to the year of 2006, no counter has been filed by the respondents, so far, I deem it appropriate to dispose of the writ petition with the following direction: The 1st respondent, Mandal Revenue Officer, Madanapalle, is directed to comply with the directions of the Sub Collector in Roc.B1/205/2004, dated 06.12.2005 and the Roc.B1/205/2004, dated 13.01.2005 of the Revenue Divisonal officer, Madanapalle, within a period of two months from the date of receipt of a copy of this order. Accordingly, with the above direction, the writ petition is disposed of. There shall be no order as to costs. ___________________________ JUSTICE G. CHANDRAIAH Date: 09-10-2009 LSK