THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO.27817 of 2005 Dated: 15-06-2006 The Jagatgirigutta Quarry Labour Contract Cooperative Society Limited, Ranga Reddy District. ..... PETITIONER AND The Government of Andhra Pradesh, rep. by the District Collector, Hyderabad and three others. .....RESPONDENTS THE HON’BLE SRI JUSTICE V.V.S. RAO WRIT PETITION NO.27817 of 2005 ORDER: The Jagathgirigutta Quarry Labour Contract Co-operative Society Limited is the petitioner. The petitioner-society seeks a writ of Mandamus directing the respondents not to evict its members from the land in survey No.348/1 admeasuring Acs.14.04 guntas situated at Jagathgirigutta, Qutubullapur Village and Mandal in Ranga Reddy District and for a consequential direction to the respondents to issue house site pattas to its members as per the proceedings dated 01-03-2004 of the District Collector, whereby and whereunder sanction was accorded for allotment of house site pattas. It is the case of the petitioner-society that all its members are quarry labourers and Waddera, eking out their livelihood by engaged in quarry operations and cutting stones. The land in survey No.348/1 of Jagathgirigutta admeasuring an extent of two hectors was leased out to it for a period of five years for quarrying stone and metal. The lease was extended from time to time. The members of the petitioner-society also occupied the land in the said survey number and raised huts, obtained electricity connections and residing in the huts. In 1999, the petitioner-society along with its 624 members made representations for allotment of house site pattas. Action was initiated thereon and Mandal Revenue Inspector conducted socio economic survey duly identifying 492 beneficiaries eligible for allotment of house site pattas. It is also alleged that Mandal Surveyor prepared a layout consisting of 703 plots in survey No.348/1 but the same were not allotted, though the members of the petitioner-society were in possession of the land. When the proceedings are pending for allotment, it appears that Mandal Revenue Officer, Qutubullapur, Executive Engineer and Deputy Executive Engineer of Andhra Pradesh Housing Board allegedly tried to evict the members of the petitioner- society. Hence, the present writ petition is filed. A counter-affidavit is filed by the Mandal Revenue Officer. The allegation that the members of the petitioner-society are in possession of the land in their respective huts is not seriously denied. However, it is stated that as per the policy of the Government vide Memo No.2700/HB.II/04 dated 17-11-2004, the assignment of house site plots is dispensed with and instead the Government took a policy decision to construct houses under various housing schemes for the poor like Urban Poor Housing (UPH) and Rajiv Gruha Kalpa scheme. It is further stated that the Government has decided to construct ground plus three multistoried flats in Hyderabad and Ranga Reddy District and that as and when applications are made by the members of the petitioner-society, their claim for allotment would be considered under Rajiv Gruha Kalpa scheme. The writ petition was heard on different occasions at the interlocutory stage itself. During the course of arguments, the learned Assistant Government Pleader has placed before this Court a letter/report No.A/8902/02 dated 23-03-2006 submitted by the Mandal Revenue Officer, Qutubullapur, to the District Collector about the progress made with regard to the construction of houses in Jagathgirigutta. It is stated in the said letter as under. It is submitted that as per the instructions of the District Collector, I alongwith the Chairman AP State Police Housing Corporation, Spl. Grade Dy. Collector & RDO, R.R. East, Spl. Dy. Collector, RGK, District Manager (Housing) and Commissioner, Quthbullapur Municipality have inspected the Government land bearing Sy.No.348/1 and contacted the Members of Jagathgiri Gutta Quarry Contract Labour Co-op. Society and held discussions 3 to 4 times i.e., on 06-02-2006 in Municipal Commisioner Office, Quthbullapur Municipality, on 01-03-2006 in the site and on 23-03-2006 at Mandal Revenue Office, Uppal and it is proposed to earmark Ac.9-00 land situated left side of existing huts of society members in lieu of land allotted to Rajeev Gruha Kalpa and also it is proposed to allot Ac.6-00 of land to Rajeev Gruha Kalpa towards right side of existing huts of society members, the same was accepted by the members and it is also proposed to take up UPH for these (492) members of society which also the society members have accepted and they also accepted to withdraw their Writ Petition No.27817/05 filed in Hon’ble High Court of A.P. Accordingly the said land has been demarcated by the Mandal Surveyor and found that an extent of Ac.9-00 and the same is earmarked for Urban Poor Housing for Waddera Quarry Labour Society and a panchanama was constructed to this effect. In the discussions, the Jagathgirigutta Quarry Labour Contract Cooperative Society have agreed to vacate from their existing occupation and to shift to newly proposed extent of Ac.9-00 which is proposed for construction of houses under Urban Poor Housing, and also agreed to pay the required amount for construction of houses under UPH. A reading of the above would show that the revenue officials proposed to construct houses under UPH for 492 eligible members of the petitioner-society and that all the members of the petitioner-society have accepted for the same. The report further reveals that an extent of Acs.9.00 is earmarked for UPH for the members of the petitioner-society (Waddera), who agreed to vacate from the existing occupation and shift to the new area for construction of houses. The report of the Mandal Revenue Officer would show that the respondents have taken steps in a right direction and any apprehension in the minds of the members of the petitioner-society henceforth would have no basis. As steps have already been initiated, the writ petition is disposed of observing that the construction of houses under UPH for 492 eligible members of the petitioner-society has to be completed as expeditiously as possible. No costs. _____________ (V.V.S.RAO, J) 15th June, 2006 ghn