HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.28515 OF 2008 Date: 15th July 2010 Between: Yadagiri Pydamma & others. … Petitioners And The State of Andhra Pradesh, rep. by its Principal Secretary to Municipal Administration and Urban Development & others. … Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.28515 OF 2008 ORDER: In this writ petition, the petitioners, 19 in number, who claim to be the residents of Bazar street in Allipuram of Visakhapatnam District, seek directions by way of Mandamus, declaring the action of respondents in not considering their representation for acquisition of land admeasuring 510 square yards covered by Block No.33, T.S.No.122 of Nerallakoneru street of Allipuram Ward in Greater Visakhapatnam Municipal Corporation Limits, as illegal and arbitrary, and also in violation of the Andhra Pradesh Slum Improvement (Acquisition of Land) Act, 1956. It is the case of the petitioners that they are residents of Bazar street in Allipuram of Visakhapatnam District, and are not having houses of their own. It is stated that from their forefathers, they have occupied the land admeasuring 510 square yards covered by Block No.33, T.S.No.122 in Nerallakoneru street of Allipuram Ward. Thus, it is the case of the petitioners that inspite of the fact that they belong to weaker sections and not having the houses of their own, and though they have filed a representation for providing houses in the said land, the respondents are not taking any action to acquire the aforesaid land for construction of houses for them. A detailed counter affidavit is filed by the 2nd respondent-Commissioner. In the counter, while denying the various allegations made by the petitioners, it is stated that the respondents are providing house sites to eligible persons under JNNURM housing scheme (Indiramma Housing). It is stated that as the names of petitioners were not found in the list of eligible beneficiaries, their claims were not considered. With reference to the land admeasuring 510 square yards covered by Block No.33, T.S.No.122 of Nerallakoneru street of Allipuram Ward in Greater Visakhapatnam Municipal Corporation Limits, it is categorically stated in the counter affidavit that the said land is a private land, and there is a civil dispute with regard to the said land, between one Dasu Venkata Satyanandham Gupta and Yadgiri Pydamma, and a suit in O.S.No.1237 of 1987 is pending between the parties, before a civil Court. While it is open for the petitioners to avail the benefits of any of the schemes that are being introduced by the respondents for providing houses, but the petitioners cannot seek for any directions by way of Mandamus, for acquisition of a particular land. In view of the averments made in the counter affidavit that the land in question is a private land and there is a civil dispute pending with regard to the said land, no direction can be granted as prayed for in this writ petition. For the aforesaid reasons, keeping it open for the petitioners to make applications under any of the housing schemes, this writ petition is disposed of. If any such applications are filed, the authorities concerned shall consider the same as per the norms notified under such schemes. No order as to costs. ______________________ R. SUBHASH REDDY, J 15th July 2010 ajr