THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.29357 of 2011 ORDER: The action of the respondents, in not considering the petitioners’ request for grant of house sites in respect of the lands in Sy.No.3/3 of Swarnapuri Colony, Pedakakani Village, Guntur District, and proposing to evict them from their respective house sites in the aforesaid survey number, is questioned as being illegal and arbitrary. Sri Posani Venkateswarlu, Learned Counsel for the petitioners, would draw attention of this Court to the certificate issued by the Mandal Revenue Officer promising to provide house sites to all those beneficiaries shown in the list, provided they vacated the land, and cooperated with him; and these house sites were identified for being provided to eligible persons under the Indiramma Housing Scheme. When the matter was listed on 03.11.2011, Learned Government Pleader for Revenue (Assignment) sought time to obtain instructions. Today the Learned Government Pleader, on instructions, would submit that from out of 64 petitioners, only 38 are eligible for grant of assignment; 6 semi-constructed houses are in existence in addition to 80 thatched huts in the aforesaid survey number; a list of eligible persons has already been prepared; and it is only if the persons in possession are evicted from the subject lands can these lands be assigned to those who are eligible for grant of house sites. Sri G.Elisha, Learned Counsel appearing on behalf of fifth respondent-Gram Panchayat, would submit that the Gram Panchayat had already passed a resolution to provide amenities to all those who are in occupation of small extents of land in the aforesaid survey number. The assertion of the Learned Government Pleader for Revenue (Assignment) that only 38 petitioners are eligible is disputed by Sri Posani Venkateswarlu, Learned Counsel for the petitioners, who would contend that all the petitioners (64 in number) are eligible, and are to be found in the list of beneficiaries in the certificate issued by the Mandal Revenue Officer. The fact that the subject land belongs to the Government, and a list of beneficiaries has been prepared for assignment of house sites, is not in dispute. Learned Counsel, on either side, would submit that a lay-out has already been prepared for assignment of house sites. The petitioners had encroached upon government land in the aforesaid survey number on the premise that only those who are in occupation would be eligible for grant of house sites. It is their case that they were constrained to do so as the said land was sought to be grabbed by realtors. Eviction of encroachers from government lands, and assignment of house sites, are two different aspects. I consider it appropriate, therefore, to direct the respondents herein not to evict those who are in possession of the lands except in accordance with law including the provisions of the Andhra Pradesh Land Encroachment Act, 1905 (the Act), and take adequate steps to protect the subject land from further encroachments. As all the petitioners, 64 in number, claim to be eligible for grant of house sites, the respondents shall consider their request for assignment of house sites in accordance with law along with those who are eligible for grant of house sites. The Writ Petition is, accordingly, disposed of. However, in the circumstances, without costs. RAMESH RANGANATHAN,J Date:08.11.2011 usd