IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION NO : 30576 of 1998 Between: Rajeev Gandhi Nagar (HUTS) Association, Rep.by it's President, P.Lakshmaiah, Rajeev Gandhi Nagar, Rislagadda, Zamisthanpur, Musheerabad, Hyderabad. ..... PETITIONER AND 1 TheGovernment of Andhra Pradesh rep.by it's Secretary, Revenue Department, Secretariat , Hyderabad. 2 The District Collector, Hyderabad. 3 The Mandal Revenue Officer, Musheerabad, Hyderabad. 4 The General Manager, Prajashakthi Telugu Daily, M.B.Bhavan, R.T.C 'X' Roads, Hyderabad. 5 Mr. Bhanvar Lal, District.Collector, Hyderabad. 6 Mr. Azamuddin,Estate Officer, Government of Andhra Pradesh, Lakdi-ka-pool, Hyderabad. .....RESPONDENTS 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 issue Writ of Mandamus declaring the action of the respondents in making allotment of the land situated in Sy.No.179,Correlated to T.S.No.1, Block-'K' Ward No.153 of Zamisthanpur Musheerabad, on long lease in favour of the 4th respondent vide G.O.Ms.No.597 Revenue department, dt.12.8.98 as the same is highly illegal arbitrary contrary to law vitiated by malafides and violtive of Art.14& 21 of the Constitution of India, apart from violative of principle of natural justice and consequently direct the respondents to allot thte House sites and grant pattas in favour of the Members of the Petitioner Association by complying with the orders of this Hon'bleCourt in W.P.No.5049/96 dt.14.3.1996. Counsel for the Petitioner:MR.EATHAKOTA VENKATA RAO Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION NO : 30576 of 1998 ORDER: The petitioner is an Association registered on 22.2.1996 for the asserted purpose of protecting the interest of its members, who are landless poor and belong to the economically weaker sections. According to the petitioner, in respect of certain extents of land in Survey No.179, correlated to T.S. No. 1, Block ‘K’, Ward No. 153 of Zamisthanpur, there were encroachments by the members of the petitioner-association. Petitioner pleads, but does not place the instruments before this Court, that the State Government issued orders in G.O. Ms. Nos. 883, 220, 361 and 641, dated 26.2.1988, 14.3.1989, 15.4.1990 and 3.7.1990 spelling out a policy for assignment of lands and house site pattas to landless poor persons to the extent of 50 sq. yards per person, wherever a person is in actual physical possession of the land. The petitioner herein filed Writ Petition No. 5049 of 1996 seeking a Mandamus to the respondents to issue house site pattas. This writ petition was disposed of on 14.3.1996, directing the State Government to consider the petitioner’s representation for assignment of land of an extent of 50 sq. yards to each of the petitioner’s members as per the extant rules and till then not to dispossess the petitioner’s members. However, without granting land to each of the members of the petitioner- association, the State Government by the impugned G.O. Ms. No. 597, Revenue Department, dated 12.8.1998, assigned land to the 4th respondent, is the grievance. A document purporting to be list of the members of the petitioner-association, drawn up and signed by P. Lakshmaiah, the President of the Association, is also filed in the material papers, which sets out the names of 61 individuals, who are claimed to be members of the petitioner-association and in illegal occupation of lands in Zamisthanpur Area. The Special Deputy Collector (Land Protection), in the Office of the 2nd respondent, has filed a counter affidavit claiming authroisation to file a counter on behalf of the other respondents as well. In the counter, it is stated that land in an extent of 8200 Sq.Mtrs. in T.S. No.1, Block K, Ward No.153 of Zamisthanpur is Government land, whereat only fourteen (14) families are in illegal occupation in an extent of 365 Sq.Mtrs. In view of this position, a socio economic survey was conducted. The survey revealed that the 14 encroachers are eligible for house site pattas and a permanent housing scheme was taken up for the above slum dwellers in view of the orders issued by this Court earlier in Writ Petition No. 5049 of 1996, by the judgment dated 14.3.1996. While so, the 4th respondent submitted a representation to the Government for allotment of Government land for installation of printing machinery and an administrative building to run a newspaper. Thereafter and after a due process, the impugned G.O. was issued allotting an extent of 1525 Sq. yards of land in Zamisthanpur Village to the 4th respondent and possession was also handed over on 8.9.1998. In para-6 of the counter, it is specifically and categorically asserted that only fourteen(14) families are residing in huts in the area, and not 61 as claimed by the petitioner. It is also suggested in this paragraph that the petitioner appears to be collecting money from gullible poor people promising them house site pattas. It is also stated that the deponent of the writ petition is not staying in the slum and is merely orchestrating grabbing of valuable Government land. In para-7 of the counter affidavit, it is alleged that in view of the steep escalation in land prices, several self-styled leaders like the deponent, are instigating poor people to put up hutments in the Government land claiming house site pattas. The clear and categorical assertion in the counter affidavit filed on 21.11.1998 that there are only fourteen(14) hut dwellers in encroachment in Zamisthanpur area, has not been disputed in any subsequent affidavit by the petitioner. On application of the principle of non-traverse, the contentions in the counter affidavit must be taken as uncontested. As the counter affidavit states that efforts are being made to provide habitation to the fourteen families of the encroachers identified in the survey and since the petitioner does not dispute this plea, the relief in specie, as set out in the writ petition, cannot be granted. There are no merits. The writ petition is accordingly dismissed recording the averments in the counter affidavit that the State is taking steps to provide a shelter to fourteen (14) identified families of encroachers in Zamisthanpur area. There shall be no order as to costs. ____________________ GODA RAGHURAM,J DATE: 31st March, 2009 pnb