IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 1139 of 2008 Between: Ibrahim Shareef, s/o. Late Isaac Shareef, R/o. 18-123-418/D/9/A, Hafeezbabanagar, Near Masjid Kanchanbagh, Hyderabad. ..... PETITIONER AND 1 The Collector, Hyderabad District at Nampally Hyderabad. 2 The Dy. Commissoner of Police, South Zone, Hyderabad. 3 The Mandal Revenue Officer, Bandlaguda Mandal, Hyderabad. 4 The Assistant City Planner Circle-I, GHMC Sardar Mahal, Hyderabad. 5 K. Veera Raghava Reddy, S/o. Late Raja Narsimha Reddy, R/o. 18-1-529, Kandikal Village, Gandlaguda Mandal, Hyderabad. .....RESPONDENT(S) 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 to issue a writ, order or direction in the nature of mandamus declaring the action of the respondents without taking steps to ensure the issuance of house site pattas nor for public welfare like parks, gardens,libraries, Dispensaries etc. in permitting the sale of plots by un- official respondent through his administrators, agents, in respect of surplus land in Sy.No. 117(P) & 118 (P) Adm. Axs. 04-15 gts situated at Narqui pool Bagh Kandikal Village Bandlaguda Mandal, the present writpetition is file to assail the same as illegal arbitrary discriminatory and capricious, consequently direct the respondents to utilize the land for issuance of house site pattas or for pulbic welfare shcemes such as Libraries Parks Gardens etc and to pass Counsel for the Petitioner:MR.M.PRAVEEN KUMAR Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 1139 of 2008 ORAL ORDER: The relief sought for in the present writ petition reads as under; “to issue a writ, order or direction in the nature of mandamus declaring the action of the respondents without taking steps to ensure the issuance of house site pattas nor for public welfare like parks, gardens, libraries, Dispensaries etc. in permitting the sale of plots by un-official respondent through his administrators, agents, in respect of surplus land in Sy.No. 117(P) & 118 (P) Adm. Axs. 04-15 gts situated at Narqui pool Bagh Kandikal Village Bandlaguda Mandal, the present writpetition is file to assail the same as illegal arbitrary discriminatory and capricious, consequently direct the respondents to utilize the land for issuance of house site pattas or for pulbic welfare shcemes such as Libraries Parks Gardens etc” The case of the petitioner is that land admeasuring Ac.04.15 guntas in survey Nos. 117 (part) and 118 (part), Kandikal village, Bandlaguda mandal, Hyderabad is a government land and occupied by about 234 hut dwellers for the last many years. That the said hut dwellers formed into an association known as “Narquipool Bagh Welfare Association” and made representations to the respondent authorities to issue house site pattas and since no action was taken in the matter, filed W.P. No. 20628 of 2002 and the same was disposed of by orders dated 11.10.2002 directing the respondents therein not to interfere with the possession of the members of the petitioner society therein pending disposal of representation dated 2.9.2002. The petitioner further alleges that till date the official respondents did not grant any house site patta and some third parties have removed the huts and trying to sell the plots without any provisional or formal lay out. The third respondent-Mandal Revenue Officer filed a counter affidavit in the matter stating that as per the village pahanies land admeasuring Ac.3.09 and Ac.5.22 in survey Nos 117 and 118 respectively stands in the name of Mr Ram Reddy Kallem and Mr Tirupathi Reddy. It is also stated that pursuant to the death of the above said original pattedars, their legal heirs have filed declarations before the Special Officer and Competent Authority, Urban Land Ceiling, Hyderabad in C.C No. J2/3789/99 and K2/3790/99 and the same are pending and the Special Officer has not yet passed any orders declaring the subject lands as ceiling surplus. It is further stated that the subject land is subject matter of O.S. No. 143 of 2000, which is pending on the file of Second Senior Civil Judge, City Civil Court, Hyderabad. It is specifically stated that the subject lands were not yet declared as ceiling surplus lands and not handed over to the third respondent, as such question of issuance of pattas does not arise. Having regard to the fact that the declarations filed by the legal heirs of the original pattadars in C.C No. J2/3789/99 and K2/3790/99 on the file of the Special Officer and Competent Authority, Urban Land Ceiling, Hyderabad and suit in O.S. No. 143 of 2000, on the file of Second Senior Civil Judge, City Civil Court, Hyderabad are pending and the land is not yet handed over to the third respondent, no directions can be granted at this stage. There are no merits in the writ petition warranting interference of this Court. Accordingly, the writ petition is dismissed. No costs. ____________ N.V.RAMANA,J DATE: 24.4.2008 TVK ..... REGISTRAR // TRUE COPY // SECTION OFFICER THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 1139 of 2008 Date: 28.4.2008