HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.18912 of 2010 Date : 10.08.2010 Between : Nimmagadda Bala Murali Krishna. …..Petitioner And The Revenue Divisional Officer, Kakinada & another. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.18912 of 2010 ORDER : This writ petition is filed, seeking directions by way of Mandamus, declaring the action of respondents in not considering the representation of the petitioner, dated 14.07.2010, for providing house site of 150 Sq. yards at Madhavapatnam village, Samalkota Mandal of East Godavari District, as illegal and arbitrary. It is the case of the petitioner that he has established a pan shop near Bhanugudi center at Kakinada in 1980. In 1999, the pan shop of the petitioner was removed for the purpose of road widening, along with some other shops. It is his case that at the time of such removal, the respondents have assured to grant house site pattas to an extent of 150 sq. yards to each of the persons, whose shops were removed. It is his grievance that pursuant to such assurance, he has made a representation, dated 14.07.2010, for grant of house site patta, but the respondents are not considering his representation. When the matter is taken up, on instructions, it is submitted by the learned Assistant Government Pleader appearing for respondents, that as the petitioner’s pan shop was established by encroaching upon the Government land, the same was removed for the purpose of road widening and that no assurance was given for grant of any house site patta to the petitioner. It is further submitted that the petitioner is not residing in Samalkota Mandal, but he is residing at Door No. 28-1-44A, main road, Kakinada. It is also submitted that as the petitioner’s representation is pending, his eligibility would be examined and action would be taken accordingly. In the absence of any material to show that there was an assurance for allotment of house site patta, the petitioner, as a matter of right, cannot claim for allotment of house site, but if the petitioner fits into the scheme for grant of house site patta, his case can be considered. As much as the representation of the petitioner, dated 14.07.2010, is pending consideration, and as it is submitted by the learned Assistant Government Pleader appearing for respondents, that the eligibility of the petitioner would be examined, I deem it appropriate to dispose of the writ petition, directing the respondents to consider the representation of the petitioner for grant of house site patta, examine his eligibility criteria independently and take appropriate decision, as expeditiously as possible, preferably within a period of two months from the date of receipt of a copy of this order and communicate the same to him. Subject to the above directions, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 10th August 2010 kvni/ajr