THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.22561 of 2009 ORDER: The petitioner claims to be in occupation of seven cents of Government land in Sy.No.101, of Anakapalli Revenue Village. It is stated that a proposal was mooted for construction of a hospital in T.S.No.101, by evicting the occupants, and that the hospital has since come into existence, without the necessity of the eviction of the petitioner. It is also stated that the petitioner filed O.S.No.427 of 2000 in the Court of Principal Junior Civil Judge, Anakapalli, for the relief of injunction, and that the suit has been decreed through judgment dated 29-07-2009, directing that the petitioner shall not be evicted otherwise, than through the procedure prescribed under law. The Anakapalli Municipality, the 2nd respondent, issued notice dated 24-09-2009, requiring the petitioner to stop construction and to vacate the site within 30 days. The petitioner feels aggrieved by the same. Placing reliance upon G.O.Ms.No.361, dated 15-04-1989, the petitioner contends that he is eligible to be assigned an extent of 50 sq. yards of land, on payment of market value. Heard the learned counsel for the petitioner, and learned Government Pleader for Revenue, for the 2nd respondent. Though the petitioner claims long standing possession over the land, he admits that it belongs to the Government. Open sites, within the municipal limits; ordinarily vest in the concerned municipality. It is no doubt true that the Government issued G.O.Ms.No.361, dated 15- 04-1989, providing for grant of assignments, free of cost, over an extent of 50 sq. yards, for occupation of eligible poor persons. A provision is also made for regularization of land, in excess of 50 sq. yards, in case it becomes impossible for removal of the encroachment. Had the petitioner been sincere in seeking the benefit under the G.O., he could have approached the respondents by making an application for assignment of a house site, for 50 sq.yards. The question of regularizing the land, over and above 50 sq. yards, would arise, if only the Government or the Municipality finds that the encroachment cannot be removed. Even according to the petitioner, the only structure existing on the site is a hut. In the impugned notice it was mentioned that the petitioner was trying to construct a building, and that was thwarted. Even now the petitioner can seek the relief under the G.O. The nature of relief to be rendered therein would depend upon the bona fides on the part of the petitioner, and the view, that would be been taken by the respondents. Hence, the writ petition is dismissed. It is, however, directed that, in case the petitioner makes an application in terms of G.O.Ms.No.361, dated 15-04-1989, by offering to surrender the entire land, except an extent of 80 sq. yards, the application shall be considered, on its own merits. There shall be no order as to costs. _______________________ L. NARASIMHA REDDY, J. Dt.23-10-2009. KO