THE HON’BLE SRI JUSTICE A. GOPAL REDDY WRIT PETITION No. 10000 OF 2003 Date: 17-03-2011 Between R.S. Singh and 167 others …..Petitioner And The Mandal Revenue Officer, Jinnaram Mandal, Medak District and four others …..Respondents THE HON’BLE SRI JUSTICE A. GOPAL REDDY WRIT PETITION No. 10000 OF 2003 ORDER: The petitioners who are numbering 168 filed the present writ petition to declare the action of the respondents in purporting to dispossess them from the respective houses/rooms in Bollaram Village, Jinnaram Mandal for non-payment of the amount demanded for regularisation of the encroachment by resorting to the recovery procedure under the Andhra Pradesh Revenue Recovery Act, 1864 (for short ‘the Act’) as arbitrary and illegal. The petitioners admit that they are in possession of some extents of land measuring about 50 to 500 square yards each in different survey numbers which is a government land in Bollaram Village, Jinnaram Mandal for more than 15 years and constructed one or two rooms with asbestos roofs and residing therein and that their possession was also subjected to house tax on Gram Panchayat assigning the house numbers. It is also stated that the petitioners are interested to regularise their encroachment as per G.O.Ms.No.508, dated 20-10-1995. While so, demand notices were issued demanding Rs.150/- and above per square yard under Section 8 of the Act in Form No.1 and the said notices were affixed on their houses. Apprehending that they may be dispossessed from the land pursuant to the notices, the present writ petition is filed contending that determination of liability without issuing notice is arbitrary and illegal and the same are liable to be set aside. Opposing the writ petition, the Tahsildar, Jinnaram Mandal, the first respondent herein filed a counter affidavit admitting that the petitioners have constructed one or two rooms each with asbestos roofs and that all the petitioners are industrial workers earning more than Rs.11,000/- per month and fall under the category of above poverty line. It is also stated that according to the letter of Chief Commissioner of Land Administration, dated 02-07-1999, no encroacher is eligible for regularisation free of cost. The Government in G.O.Ms.No.483, dated 17-06-1999 issued orders extending the provisions of orders contained in G.O.Ms.No.508, dated 20-10-1995 and G.O.Ms.No.972, dated 04-12-1998 to the cases relating to regularisation of encroachments in Bollaram Village of Jinnaram Mandal in Medak District duly empowering the committee constituted for Hyderabad and Ranga Reddy Districts headed by the Special Chief Secretary and Chief Commissioner of Land Administration to examine all the cases of regularisation. The District Level Committee meeting on regularisation of encroachments of dwelling houses was held on 12-07-1999 under the Chairmanship of Special Chief Secretary and Chief Commissioner of Land Administration, A.P., Hyderabad and the said Committee approved 168 cases for regularisation on payment of market value as the encroachers including the petitioners are above the poverty line. After consulting the Sub Registrar, Narsapur and ascertaining the market value, the land value was fixed at Rs.150 to Rs.350/- and it is denied that the officials of the Gram Panchayat went to the houses of the petitioners and asked them vacate the houses or else they will be forcibly dispossessed by locking their houses with the seal of the Gram Panchayat. As the petitioners are above the poverty line, they are not entitled to regularise their illegal possession free of cost. This Court while admitting the writ petition on 27-05-2003 directed the respondents not to dispossess the petitioners from their respective houses/rooms in Bollaram Village, Jinnaram Mandal, Medak District which continues to be in operation. Learned counsel for the petitioners submits that the petitioners are agreeable to pay the market value but the same should be determined after giving an opportunity to them. It is also submitted that the petitioners have not paid any amount as demanded by the respondents till now. Learned Government Pleader for Revenue on instructions submits that no further action has been taken against the petitioners in view of the interim direction granted by this Court on 27-05-2003. Having regard to the fact that the petitioners are in possession of various extents of land, they shall make a representation to the first respondent - Tahsildar, Jinnaram Mandal within a period of four weeks from the date of receipt of a copy of this order to regularise their possession, specifying the lands which are in their occupation with plot numbers and survey numbers and their willingness to regularise their unauthorised occupation in terms of G.O.Ms.No.483, dated 17-06- 1999. The petitioners shall also state that they are willing to regularise their illegal occupation with the market value as fixed by the revenue officials. On filing such a representation, the Tahsildar shall consider the same and pass appropriate orders fixing the amount payable by the petitioners by giving them the required time. On such fixation of the market value, the petitioners are at liberty to avail the remedies available to them under law and if the petitioners fail to make any representation for regularisation as stated above, it is open for the respondents to take appropriate action for their eviction or for recovery of the amount as determined, in accordance with law. The writ petition is accordingly disposed of. No order as to costs. A. GOPAL REDDY, J 17-03-2011 ks