IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.23871 of 2004 Between: 1 Kande Lalitha Babu S/o Prakasam Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 2 Patan China Sultan S/o Masthan Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 3 Shaik Babu S/o Rahamtulla Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 4 Sk. Sultan S/o Kamal Saheb Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 5 Alluri Seshu S/o Venkateswarlu Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 6 Gudipudi Venkateswarlu S/o Venkataswamy Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 7 Sk. Bikku Saheb S/o Riya Saheb Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 8 Kata Narsinga Rao S/o Malkondaiah Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 9 M. Kotaiah S/o Bodaiah Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 10 Eamani Kotamma W/o Ayyanna Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 11 Boina Abraham S/o Papaiah Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 12 Shaik Mahboob Bee W/o Pacha Miya Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 13 Munnelli Lakshmidevamma W/o Kondaiah Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 14 Karna Kotaiah S/o Narasimham Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 15 Thottempudi Seetaravamma W/o Narasaiah Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 16 Doddi Ramalakshmma W/o Thirupathi Reddy Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 17 Velpula Ramaiah S/o Subba Rayudu Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 18 Doppalapudi Kondaiah S/o Samuel Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 19 Pusapati Kondamma W/o Subba Raju Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 20 Eamani Devi W/o Sai Kumar Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 21 Muddapati Adiseshu S/o Venkatadri Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 22 Koppolu Ravi Kumar S/o Venkateswara Rao Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 23 Patibandla Vajramma W/o China Ramaiah Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 24 Patibandla Estharamma W/o Samuel Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 25 Tatapudi yelaanda S/o Subbaiah Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 26 Pusapati Sivakotamraju S/o Konda Raju Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 27 Balinedi Satyavathi W/o Venkateswarly Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 28 Kocherla Suryanarayana S/o Raja Rao Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 29 Velgapudi Venkata Rao S/o Koteswara Rao Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 30 Perugu Subba Ramamma W/o Mallikarjunarao Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 31 Parre Ankamma W/o Basavaiah Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 32 Achyutuni Prema Kumar S/o Hanumantha Rao Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 33 Jaggaraju Nagaraju S/o Ramaraju Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 34 Madda Rama Rao S/o Prabhudas Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 35 Madda Rama Rao S/o Prabhudas Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 36 Gajjala Obbulamma W/o Venkateswarlu Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 37 Bommala Venkatasubbaiah S/o thirupathaiah Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 38 Duvvuri Vasantha Kumari W/o Nageswara Rao Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 39 Kande Prakasam S/o Adeiah Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 40 Boina Kondamma W/o Papaiah Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 41 Doppalapudi Samuel S/o Rosaiah Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 42 Daksharaju Raghavulu S/o Krishnamraju Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 43 Jagadabi Seetaravamma W/o Peram Raju Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 44 Kamireddy Subbamma W/o Sesha Reddy Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 45 Pusapati Venkateswarlu S/o Subba Raju Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 46 Kondraju Nagamani W/o Srinivasulu Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 47 Vangapalli Seetharamamma W/o Venkateswarlu Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 48 Muddapeti Lakshmi Rajyam W/o Edukondalu Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District. 49 Depuri Venkata Rao S/o China Venkatasubbaiah Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 50 Addanki Malyadri Raju S/o Bodi Raju Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 51 Depuri China Venkatasubbaiah S/o Venkatasubbaiah Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 52 Tatapudi Jhansi W/o John Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 53 Shaik Maleem S/o Rahamtulla Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 54 Budala imanuel S/o Samuel Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 55 Syed Shameer S/o Ibrahim Saheb Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 56 Shaik Shukriya Begum W/o Khasim Basha Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 57 Raju Adi Lakshmi W/o Prasadu Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 58 Sk. China Khasim Bee W/o Meera Saheb Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 59 Syed. Mohammad Ghouse Basha S/o Shameer Saheb Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 60 Sk. Bude Saheb S/o Kamal Saheb Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 61 Sk. Sairabhanu W/o Mastanvali Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 62 Sk. Abdullah S/o Khalesha Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 63 Solipuram Durga Bhavani W/o Damodar Reddy Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 64 Shaik Jaya Bee W/o Kasim Saheb Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 65 Sheik Sab John S/o Abdul Rahim Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 66 Ramalingam Varamma W/o Subba Reddy Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 67 Patan Masthanamma W/o Masthan Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 68 Sk. Ammeerunnisa W/o Kalesha Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 69 Budala Samuel S/o David Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 70 Tatapudi Sharavan Kumar S/o Bhaskar Rao Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 71 Shaik Mahaboob Bee W/o AbdulRahim Basha Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 72 Duddu Adivaiah S/o Samuel Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District 73 Velagapudi Koteswara Rao S/o Akkaiah Agriculture Coolie and R/o Singarayakonda Village & Mandal, Prakasam District ..... PETITIONERS AND 1 The District Collector, Prakasam District, Ongole 2 The Revenue Divisional Officer, Kandukur 3 The Mandal Revenue Officer, Singarayakonda Mandal, Prakasam District 4 The Joint Collector, Ongole, Prakasam District 5 The Commissioner of Land Revenue, Hyderabad 6 Tammisetty Chenchamma W/o Ramaiah, R/o. Singarayakonda Mandal, Prakasam District. 7 Tammisetty Chennamma W/o Venkateswarlu, R/o. Singarayakonda Mandal, Prakasam District. (R6 & R7 were impleaded as per Court Order dated 29.09.2008 in W.P.M.P.No.27317 of 2008) .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to pass a Writ, order or Direction, one in the nature of Writ Mandamus, directing the Respondents to implement the order dated 30-12-2003 in W.P.No. 19536 of 1997 by considering the cases of 73 Petitioners and pass appropriate orders, and pass such other order or further orders. Counsel for the Petitioners: MR.I.GOPAL REDDY Counsel for the Respondents: GP FOR REVENUE MR. T. RAMA KOTESWARA RAO The Court made the following: THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.23871 OF 2004 ORDER: This writ petition is filed seeking a writ of Mandamus directing the respondents to implement the order dated 30.12.2003 passed in W.P.No.19536 of 1997 by considering the cases of the petitioners and pass appropriate orders. It appears, in the year 1994, house site pattas were granted to the petitioners by the then Mandal Revenue Officer, Singarayakonda Mandal, Prakasam District, but later, in the year 1995, the house sites were resumed on the ground that they have violated condition No.2 of the pattas, by not constructing the houses within the time stipulated. After dismissal of the appeal and revisions preferred against such resumption, the 1st petitioner preferred a writ petition, being W.P.No.19536 of 1997, before this Court, and the same was allowed on 30.12.2003, which reads as under: “The writ petition is accordingly allowed directing the respondents 1 to 3 to examine the case of the petitioner and other persons, who are granted house pattas on 20.05.1994 and to allot house sites to the eligible persons. They shall consider the cases of all the eighty six persons. If it is found that all of them are eligible to be granted house sites, necessary action shall be taken forthwith. If it is found that any of them are not eligible to be allotted house sites, as on today, individual order shall be passed furnishing the reasons as to how such persons are not eligible to be granted pattas. This exercise shall be completed within a period of three months from the date of receipt of a copy of this order.” Now, the grievance of the petitioners is that, in pursuance of the said order, the respondents have issued pattas only to nine candidates and rejected the claim of the other candidates and no individual orders furnishing the reasons for such rejection are passed as directed by this Court in the earlier writ petition. In the counter-affidavit filed on behalf of the official respondents, while denying the material allegations made by the petitioners, it is categorically asserted that, pursuant to the orders of this Court, the then Mandal Revenue Officer enquired into the matter and found that only nine beneficiaries were eligible and the remaining were ineligible for grant of house site pattas, and accordingly individual orders have been passed to that effect and copies of the said orders were published on the notice boards of the office of the Mandal Revenue Officer, Mandal Parishad Development Office and Gramapanchayat, Singarayakonda. In view of the aforesaid counter averments, I am of the opinion that the writ petition is devoid of merits and is, therefore, liable to be dismissed. Accordingly, the writ petition is dismissed. No costs. However, this order does not preclude the petitioners from approaching the competent authority seeking allotment of house sites as per their eligibility. _________________ JUSTICE C.V. RAMULU 8th June, 2009. IBL