IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 11425 of 2009 Between: Katragadda Janakamma W/o.Ramachandraiaah R/o.Pasra village Govindaraopeta Mandalam,Warangal District ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep.by its Secretary Revenue Department (Assignments), Secretariat Hyderabad 2 The District Collector, Warangal District 3 The Sub-collector,Mulugu, Warangal District 4 The Tahsildar, Govindaraopet Mandal Warangal District 5 M.Sudhakar S/o.Not known Govindaraopeta Village and Mandal Warangal District 6 Patri Lachimallu S/o.Poshaiah R/o.Pasra village, Govindaraopet mandal Warangal District 7 Jetti Triveni Babu S/o.Not known R/o.Govindaraopeta Village and mandal Warangal District 8 Samineni Veera Rao S/o.Badraiah R/o.Govindaraopeta Village and mandal Warangal District 9 Palakurti Jampaiah S/o.Uppalaiah R/o.Govindaraopeta Village and mandal Warangal District 10 Palakurti Suraiah S/o.Uppalaiah R/o.Govindaraopeta Village and mandal Warangal District 11 MD.Asif Mustafa S/o.Kamoroddin R/o.Govindaraopeta Village and mandal Warangal District 12 B.Prabhakar Shastri S/o.Suryanarayana shastri R/o.Pasra village, Govindaraopet Mandal Warangal District 13 Battini Venkateshwarulu S/o.Sammaiah R/o.Chaluvayu village, Govindaraopet Mandal Warangal District 14 Gundaboina Anil S/o.Saraiah Govindaraopeta village and Mandal Warangal District 15 Thati Vijayalaxmi W/o.Sammaiah R/o.Pasra village, Govindaraopeta Mandal Warangal District 16 Royyala Ramesh S/o.Saraiah R/o.Govindaraopeta villlage & Mandal Warangal District 17 Sheelam Ganesh S/o.Komaraiah R/o.Govindaraopeta villlage & Mandal Warangal District 18 Lavudia Hemanayak S/o.Nayak R/o.Pasra village Govindaraopeta Mandal Warangal District 19 Narra Raghuveer S/o.Sambaiah R/o.Chaluvayu village , Govindaraopet Mandal Warangal District 20 Gummadi Ramesh S/o.Sammaiah R/o.Pasra village , Govindaraopet Mandal Warangal District 21 Mattepalli Sambamurty S/o.Komaraiah R/o. Govindaraopeta village and Mandal Warangal District 22 Puram Srikumar S/o.Rajmohan Rao MRO office, R/o. Govindaraopeta village & mandal Warangal District 23 Bitla Swapna W/o.Mohan R/o.Pasra village R/o. Govindaraopeta mandal Warangal District 24 Alla Kishore Kumar S/o.Suryanarayana R/o. Govindaraopeta village and mandal Warangal District 25 Modem Sarangapani S/o.Sammaiah R/o.Chaluvayu village , Govindaraopet Mandal Warangal District 26 Ankam Vinay Kumar S/o.Sadanandam R/o.Chaluvayu village,Govindaraopeta Mandal Warangal District 27 Sama Sammi Reddy S/o.Veera Reddy R/o.Pasra village Govindaraopet Mandal, Warangal District 28 Nekkenti Sunil Kumar S/o.Satyanarayana R/o.Govindaraopeta village and Mandal Warangal District 29 Akula Yugandar S/o.Nandayya R/o.Govindaraopeta village and Mandal Warangal District 30 Bolloju Sadananda Modi S/o.Sambaiah R/o.Govindaraopeta village and mandal Warangal District 31 Alluri Nageswara RAo S/o.Shekaraiah R/o.Chaluvayu village Govindaraopeta Mandal Warangal District .....RESPONDENT(S) 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 a order direction more particularly one in the nature of writ of mandamus declaring the action of the respondents No.1 to 4 in initiating file No.B/351/2008 dated 15.5.2008 in issung vacant house site patta certificates in the name of respondents No.5 to 31 as illegal, highly arbitrary,and null and void against the principles of natural justice and without following assignment proceedings without power authority and jurisdiction and also violative of article 14,21 and 300A of the Constitution of India and pass Counsel for the Petitioner:MR.S.MADAN MOHAN RAO Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE GODA RAGHURAM W.P.No. 11425 of 2009 23-06-2009 Oral Order: The writ petition is filed aggrieved by issue of residential plots handing over possession certificates (Nivesha Sthalam Appagintha Patta), issued by the 4th respondent in favour of respondent Nos. 5 to 31. The petitioner alleges irregularities and illegalities in the conduct of the Tahasildar, Govindaraopet, Warangal District, the 4th respondent in issuing house site pattas to wholly ineligible persons. The beneficiaries of the pattas/possession certificates are alleged to be Revenue officials, Press Reporters and well to do persons having houses and properties. After issuing notice, initially the learned Assistant Government Pleader for Assignment had placed for the perusal of this Court a letter addressed by the Sub-Collector, Mulug to the District Collector, Warangal in which it is recorded that the then Tahasildar, Govindaraopet on 11-02- 2009 and subsequently and without following any procedure had passed orders of allotment of house plots to Revenue officials, Police and News Reporters of Govindaraopet mandal and without the approval of the District Collector. The report of the Sub-Collector is further to the effect that the orders of assignment and possession drawn up by the then Tahasildar, Govindaraopet are wholly illegal and perverse. The Tahasildar is stated to be one Hari Srinivas. In the counter affidavit filed by the District Collector, Warangal, the 2nd respondent in paragraph No.4 it is stated that the house site patta certificates issued by the then Tahasildar, Govindaraopet in file No. B/351/2008 in favour of (28) persons in survey No. 154 of Pasra Nagaram village of Govindaraopet Mandal, are suspended vide proceedings No. E2-2994-09 dated 18-06-2009, pending cancellation after due notice to the concerned under Section 166-B of the Andha Pradesh (T.A.) Land Revenue Act, 1317-Fasli; that disciplinary action has been initiated against the then officer – Hari Srinivas, who is currently working as a Divisional Administrative Officer at the office of the Revenue Divisional Officer, Mahabubabad; that he was placed under suspension vide order dated 18-06-2009; and that a detailed report was submitted to the Government through the Chief Commissioner of Land Administration seeking permission for initiating criminal action against the delinquent officials concerned. In view of these averments in the counter affidavit of the 2nd respondent, the substantive and emergent grievance of the petitioner does not subsist. The learned counsel for the petitioner states that the petitioner also does not wish to pursue the writ petition at present. The learned counsel for the petitioner states that if eventually the official respondents do not cancel the illegal patta certificates issued, but proceed to legitimize or regularize the illegal pattas issued by the then Tahasildar, Govindaraopet, the petitioner should be accorded liberty to pursue appropriate remedies. In the circumstances, the writ petition is dismissed as withdrawn with liberty to pursue appropriate remedies in respect of any further grievance. No costs. ____________________ GODA RAGHURAM, J Dated: 23-06-2009 Pvks