THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.25585 of 2009 ORDER: This Writ Petition is filed seeking a mandamus declaring the action of respondents 1 to 5 in not taking action against respondents 6 and 7 for removal of encroachment alleged to have been made by them in the land of an extent of Acs.1.50 cents with regard to the total land admeasuring Acs.3.05, Ac.0.14 cents and Ac.0.54 cents covered by Survey Nos.362, 363-A and 365 respectively, situated at Adurupalli Village, Chejerla Mandal, Sri Potti Sri Ramulu Nellore District, as illegal and arbitrary. In the affidavit filed in support of the writ petition, it is stated that the land in question is the grazing poramboke and a portion of the same in an extent of Ac.1.50 cents is encroached by respondents 6 and 7. It is the grievance of the petitioner that in spite of his representation for removal of such encroachment, no steps have been taken by respondents 1 to 5. The third respondent – Mandal Parishad Development Officer (FAC) of Chejerla Mandal, Chejerla, Sri Potti Sri Ramulu Nellore District, has filed a counter- affidavit, in which, while denying the allegations of the petitioner, it is stated that the land in question is a grazing poramboke and that with the permission of the Government, observing the norms and followed by resolution, dated 02.03.1998, the said land was converted into house plots for public purpose and in respect of the same, pattas were given to the villagers of Adurupalli. It is also stated that thereafter, the Government has laid cement concrete road with the funds of SGRY and constructed 63 houses with all civic amenities. It is specifically denied that respondents 6 and 7 have encroached the portion of the land in question. A separate counter-affidavit is filed by respondents 6 and 7, who stated therein while denying the allegations of the petitioner that they are residing along with 63 families in the houses constructed on the small extents of the land comprised in Survey Nos.360-D, 361, 362 and 363-A of the said Village. It is further stated that they were issued possession certificates, copies of which were also placed on record. It is further stated that the petitioner is also owner of the house bearing S.No.35 and he is also in occupation of another house bearing S.No.36, which he got allotted in the name of Chevula Penchilaiah. It is further stated that the petitioner himself has encroached into the portion of the land in question. It is further stated that respondents 6 and 7 have undertaken repairs to their houses in view of damage caused due to cyclone, and with a view to stall these works, the petitioner filed this Writ Petition with false allegations. Though reply affidavit is filed by the petitioner, there is no denial of allegation as to his possessing the houses in the very same area. It is true that originally, the land in question was recorded as grazing poramboke and the Government converted the same into house plots only for the public purpose. Though the petitioner is one of the beneficiaries and is in occupation of one of the houses, suppressing all the facts, merely on the allegation of encroachment, he filed this Writ Petition. From the counter-affidavits filed by the respondents, it is clear that grazing poramboke land was converted into house plots and 63 houses were constructed with SGRY funds and such houses were allotted to the persons, who do not have houses on their own, and that respondents 6 and 7 are also issued possession certificates. In this view of the matter, it cannot be said that respondents 6 and 7 have encroached into any portion of the land, as alleged. In any event, the petitioner being one of the beneficiaries, and possessor of one of the houses cannot say that construction of houses in the land itself is illegal. For the aforesaid reasons, I do not find any merit in this Writ Petition, which is accordingly dismissed. No order as to costs. ______________________ R.SUBHASH REDDY, J 12th DECEMBER, 2011. kvni