IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.3995 of 2008 Between: Audi Andhra Yuvajana Seva Sangham Valmiki Nagar, Marripalem Village, Visakhapatnam District, Rep. by its Secretary, Sangu Krishna Venkata Ramana Murthy. ..... PETITIONER AND The District Collector Visakhapatnam District, Visakhapatnam. .....RESPONDENT 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 an appropriate writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondent in not disposing of the representation dt.11-7-2007 for allotment of house sites to its members inspite of reminder dt. 28-8-2007 and legal notice dt. 31-12- 2007 as illegal, arbitrary unjust principles of natural justice and in violation of Articles 14, 19(1)(g) and 311 of the Constitution of India and consequently direct the respondents to consider the case of the petitioner for allotment of house sites to its members, and pass Counsel for the Petitioner:MR.K.SANKARA RAO Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.3995 of 2008 ORDER: Petitioner-Society seeks to issue a Writ of Mandamus declaring the action of the respondent in not disposing of the representation, dated 11-07-2007, for allotment of house sites to its members inspite of the reminder, dated 28-08-2007 and legal notice, dated 31-12-2007, as illegal and arbitrary. The petitioner earlier filed W.P.No.18526 of 1994 before this Court seeking similar relief for allotment of house sites in Sy.No.81 situated at Marripalem Village, Visakhapatnam. In the said writ petition, a counter has been filed by the Mandal Revenue Officer, Visakhapatnam, stating that the land in Sy.No.81 is a Government land and an extent of Ac.3-00 was allotted in favour of the Station Engineer, Doordarshan Kendra, Visakhapatnam. None of the members of the petitioner-society are in possession of any land in Sy.No.81 and there are no thatched huts as alleged by them and therefore, the question of dispossession of the members of the petitioner-society does not arise. In that view of the matter, this court held that the details of the members of the petitioner-society are not furnished and accordingly, while dismissing the writ petition, it was observed that if the members of the petitioner-society are landless poor persons and any vacant land as such is available, it is always for them to file individual applications seeking house sites pattas, which shall be considered by the respondent in accordance with law. In spite of the specific observation made by this court to file individual applications, no such individual applications have been filed seeking house- site pattas. Therefore, in the absence of filing such individual applications, the relief claimed in this writ petition cannot be considered. Accordingly, the writ petition is dismissed. However, it is always open for the members of the petitioner-Society to file individual applications seeking house-site pattas. There shall be no order as to costs. ___________ 26-02-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{VSMI}