IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF AUGUST TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.20358 of 2010 BETWEEN Bottu Nagamma and 79 others. ... PETITIONERS AND State of Andhra Pradesh, Rep. by its District Collector, Prakasam District and two others. ...RESPONDENTS Counsel for the Petitioners: MR. NIMMAGADDA SATYANARAYANA Counsel for the Respondents: GP FOR REVENUE The Court made the following order: ORDER: In this writ petition the petitioners seek directions by way of Mandamus to declare the action of the respondents in not considering their representation dated 07.08.2010 for grant of house site pattas with regard to the sites, which are claimed to be in possession of the petitioners in Sy.Nos.237 and 238 of Mukthinuthaklapadu Village, Prakasam District, as illegal and arbitrary. 2. It is the case of the petitioners that as they are not having own house sites, they are in occupation of the Government land covered by Sy.Nos.237 and 238 of Mukthinuthalapadu village and they are living on the aforesaid piece of lands, which ranges from 50 sq. yards to 100 sq. yards by constructing thatched houses. It is the grievance of the petitioners that although they have constructed thatched houses and as being in possession of the land, they have preferential claim for grant of aforesaid pattas and ignoring their case, third parties have been granted pattas. 4. On written instructions dated 24.08.2010 issued in Rc.B/2085/1989, it is submitted by the learned Government Pleader appearing for respondents that an extent of Ac.11.16 cents in Sy.Nos.237 and 238 of Mukthinuthalapadu village was acquired for provision of house site pattas to the weaker sections. It is stated that 194 house site pattas were issued under the Indiramma scheme to the beneficiaries in the year 1996 and 286 individuals were granted house site pattas in 2009 and further 76 persons were granted house sites on 07.08.2010. It is also submitted that among the petitioners about 39 petitioners were also granted house site pattas on 07.08.2010 after duly verifying their eligibility and occupation of the site. The claim of the other petitioners will be verified and action will be taken for grant of house site pattas to them subject to availability of land and eligibility. 5. Although it is the case of the petitioners that the respondents are not considering their case, the said allegations appear to be not correct as much as even among the petitioners 39 of them have already been granted house site pattas. In that view of the matter, it cannot be said that the respondents are not considering their representation and in the absence of any clear particulars of the availability of the land, no positive direction can be granted as prayed for. As it stated that even with regard to the claim of the remaining petitioners action will be taken for grant of house site pattas subject to their eligibility and availability of land, I deem it appropriate to direct the respondents to verify the eligibility of the remaining petitioners also and consider their claim subject to availability of land in Sy.Nos.237 and 238 of Mukthinuthalapadu village or any other land available, as early as possible. Subject to the above directions, the writ petition is disposed of. There shall be no order as to costs. __________________ R. SUBHASH REDDY, J August 24, 2010 DSK