IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE SIXTH DAY OF SEPTEMBER TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.18074 OF 2008 Between: K. Potteiah and others ..... PETITIONERS AND The Tahsildar and others ....RESPONDENTS The Court made the following: HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.18074 OF 2008 ORDER: In this Writ Petition, the petitioners seek direction by way of a mandamus to respondent Nos.1 to 3 to fix the market value in pursuance of RC.No.E1-1387-07, dated 05.05.2007, issued by respondent No.3 in respect of the house site pattas granted to them. The petitioners were in employment in various departments working as Teachers, Post Masters, Forest Guard etc. When they were working in Chandrasekharapuram Village and Mandal of Prakasam District, they applied for issuance of grant of house site pattas. On their request, they were granted house site pattas admeasuring Ac.0-05 cents each in Survey No.171 of Chandrasekharapuram Village and Mandal of Prakasam District without payment of market value. It appears that the said land is recorded as a grazing land in the Village Revenue Accounts. Thereafter, respondent No.1 stated that the beneficiaries of the house site patta holders should pay the market value. The proceedings were pending at the stage of fixation of market value. They approached the respondents to collect the market value on the sites allotted to them so as to proceed with the constructions on the sites allotted to them. Hence, the Writ Petition. A detailed counter affidavit is filed by the Tahsildar of Chandrasekharapuram Mandal. In the counter it is stated that as much as pattas issued in D-Form itself were illegal as the petitioners were granted the land bearing Survey No.147, which is classified as grazing ground poramboke. The petitioners cannot seek any direction for collection of market value for the land allotted to them. Though the Writ Petition is filed by ten individuals, a copy of patta granted to the fifth petitioner is placed on record. From a perusal of the patta, it is clear that the patta is issued under Board Standing Order Rule 21 and it is in D-Form. When the pattas are issued in D-Form as per Board Standing orders, the question of collecting any market value will not arise as it is stated in the counter that the very pattas were issued wrongly over a grazing land. No direction can be issued as prayed for in the Writ Petition. However, it is made clear that if the construction is not permissible on the lands, which are allotted to the petitioners, it is open to them to seek conversion as per law but, at the same time, they cannot seek to accept the market value when the allotments were made as per the Board Standing orders. Subject to the above observations, the Writ Petition is dismissed. No costs. ________________________ R. SUBHASH REDDY, J September 06, 2011 MD HON’BLE SRI JUSTICE R. SUBHASH REDDY W.P.No.18074 OF 2008 September 06, 2011