THE HON’BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION No.21759 OF 2001 ORDER: This writ petition is filed by the petitioner seeking to issue a Writ of Mandamus directing the respondents to distribute the land admeasuring Acs.4-80 cents in Sy.No.88/3 of Kuruvalli Village, Bommanhal Mandal, Anantapur District to the petitioner and other villagers belonging to the weaker sections. It is the case of the petitioner that he belongs to a weaker section and a resident of Kuruvalli Village. On his request, the respondents initiated the land acquisition proceedings for acquiring the land admeasuring Acs.5-00 in Sy.No.88/3 of Kuruvalli Village, Bommanhal Mandal, Anantapur District in the year 1984 itself for the purpose of providing house sites to the weaker sections in the village. A list of the needy persons was also prepared. By initiating the proceedings under the Land Acquisition Act, 1894 the said land was acquired and an award was passed and possession of the land was also taken over by the Government during the year 1983-84. The owners of the land filed O.S.No.15 of 1984 on the file of the District Munsiff, Raydurg, Anantapur District, seeking to invalidate the acquisition proceedings. The said suit was dismissed on the ground of maintainability. Aggrieved by the same, the land owners filed W.P.No.10043 of 1988 before this Court and the same was also dismissed by an order dated 06.12.1989. It is further stated that the petitioner and others are agricultural labourers belonging to Scheduled Castes and backward classes and they are illiterate and poor persons. The petitioner requested the respondents to distribute the house sites to him and other similarly situated persons and accordingly, the petitioner made a representation to the first respondent on 22.03.2001. But, so far, the said representation has not been considered and disposed of. Hence, the writ petition. Learned counsel for the petitioner filed copy of the order, dated 06.12.1989 passed in W.P.Nos.10042 and 10043 of 1988. It is stated that questioning the proceedings in respect of the land in question, Writ Petition No.10043 of 1988 was filed by the land owners and the same was dismissed by this Court on 06.12.1989. Thereafter, the petitioner and others made representation to the first respondent on 22.03.2001. But, so far, the said representation has not been considered and disposed of. A perusal of the said order goes to show that W.P.No.10043 of 1988 was field by one G.Hanumantha Reddy and seven others questioning the proceedings issued under Section 4(1) of the Land Acquisition Act and published in Anantapur District Gazette on 09.09.1983 in respect of the land covered by Sy.No.88/3 of Kuruvalli Village, Bommanhal Mandal, Anantapur District. The acquisition proceedings were initiated in the year 1983 and the award was also passed. Then, the petitioners therein approached the Civil Court. Ultimately, O.S.No.15 of 1984 has been dismissed on 19.04.1988. It was the contention of the petitioners therein that they are small farmers and some other alternative lands are available for acquisition. On the other hand, learned Government Pleader submitted that there are pits in the alternative lands and therefore, the said lands are not suitable for house sites. It is further submitted that the petitioners themselves gave their consent and therefore, the land was acquired. After hearing both sides and after considering the material on record, this Court by order, dated 06.12.1989 dismissed the said writ petition. Further, a perusal of the representation, dated 22.03.2001, made to the Mandal Revenue Officer, Bommanhal Mandal, Anantapur goes to show that 31 persons including the petitioner made a request to the Mandal Revenue Officer to grant house site pattas to them. In their representation, it was stated that the land in Sy.No.88/3 to an extent of Acs.04-80 cents was acquired for the purpose of providing house sites to the weaker sections and the Revenue officials promised on several times that they would grant house site pattas to the petitioner and others. In this regard, the District Collector also wrote several letters to the Mandal Revenue Officer asking him to grant house site pattas to the weaker sections and there were about 30 to 40 persons, who do not have house site pattas and they deserve for grant of house site pattas. But, so far, no house site pattas were granted to them. No counter-affidavit has been filed by the respondents. Admittedly, an extent of Ac.5-00 of land has been acquired pursuant to Section 4 (1) Notification, dated 09.09.1983, for the purpose of providing house sites to the weaker sections. Questioning the said acquisition proceedings, the land owners filed O.S.No.15 of 1984 on the file of the District Munsiff, Raydurg, Anantapur District in respect of the land in Sy.No.88/3 of Kuruvalli Village and the same was dismissed on the ground of jurisdiction. Thereafter, the land owners filed W.P.No.10043 of 1988 before this Court questioning the acquisition proceedings and the said writ petition was also dismissed on the ground that the petitioners themselves have given their consent for acquiring the land in question. In spite of the same, the said land was not given to the beneficiaries for the purpose of house sites. Therefore, the petitioner and others made representation, dated 22.03.2001 to the Mandal Revenue Officer of Bommanhal Mandal, Anantapur District, by marking copies to the District Collector, Ananatapur and Revenue Divisional Officer, Dharmavaram, Anantapur District. Since the said representation has not been considered and disposed of, the petitioner filed this writ petition. As no counter-affidavit has been filed by the respondents, having regard to the facts and circumstances of the case, without expressing any opinion on the merits of the case, the respondents are directed to consider and dispose of the representation, dated 22.03.2001 made by the petitioner and others seeking grant of house site pattas in respect of land admeasuring Ac.4-80 cents in Sy.No.88/3 of Kuruvalli Village, Bommanhal Mandal, Anantapur District, within a period of four months from the date of receipt of a copy of this order. Accordingly, the writ petition is disposed of. No costs. _________________ G. CHANDRAIAH, J 15th April 2009 KH