HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION Nos.14086 & 14093 of 2009 Date : 27.07.2011 Between : Vavilala Sarojini. …..Petitioner And The State of A.P., rep. by its Principal Secretary, Revenue (Assignment) Department & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION Nos.14086 & 14093 of 2009 COMMON ORDER: These writ petitions are filed, seeking directions by way of Mandamus, declaring the action of respondents in not granting house sites to the petitioners to an extent of Ac.0.10 cents each in R.S.No.65/1, situated at Enamalakuduru village of Penamaluru Mandal in Krishna District, in terms of the orders of the Government in G.O.Ms.No.105, dated 11.03.1997, as illegal and arbitrary. The petitioners claim that they are the widows of freedom fighters. It is stated that as they do not have their own houses or any house sites to construct houses, they are residing in rented houses, and therefore, they are entitled for grant of house sites in terms of the policy notified by the Government in G.O.Ms.No.105, dated 11.03.1997. Clause 3 of para 3 of the aforesaid G.O. reads as under : “Assignment of land for house sites will be made to persons (i.e., individual freedom fighters), but not to the society of freedom fighters. The house site pattas are inheritable. The freedom fighters are not entitled to alienate the lands. Requests of the spouse of the freedom fighter, who expired may be considered later, children/legal hairs of the freedom fighters are not entitled for allotment of house sites.” It is the case of the petitioners that there is a Government land available in R.S.No.65/1 of Enamalakuduru village, and they submitted applications to the District Collector for assignment of Ac.0.10 cents each in the aforesaid survey number as house sites to construct houses of their own. It is their grievance that inspite of such a policy of the Government, respondents are not considering their cases for issuance of house site pattas. The Tahsildar of Penamaluru Mandal, Krishna District has filed a detailed counter affidavit. In the counter, while denying the various allegations made by the petitioners, it is stated that the Grampanchayat of Enamalakuduru has passed a resolution, dated 27.06.2009, for utilizing the land covered by R.S.No.65/1 for construction of drinking water tank, high school and public health center, and that except the above said land, no other suitable Government land is available, to utilize for public purpose. Further, a reference is made that on the proposals sent by the Tahsildar, Penamaluru Mandal, land to an extent of Ac.2.16 cents covered by R.S.No.59 was proposed for acquisition, but the same was under challenge before this Court in writ petition Nos.17694/2007, 11642/2009 and 9487/2009. Though there is a policy of the Government for grant of house sites to the spouses of freedom fighters, in view of the averment made in the counter that the only available Government land in R.S.No.65/1 admeasuring Ac.0.36 cents, is proposed for utilization for drinking water tank, high school and public health center in terms of the resolution of the Grampanchayat, no direction can be granted as prayed for. When the policy provides for grant of house sites, the beneficiaries can claim house sites, suitable for construction of houses, but they cannot pick and choose the land in a particular survey number, more so, when it is stated that the entire land of Ac.0.36 cents covered by R.S.No.65/1 was required for public purposes i.e. for providing drinking water tank, high school and public health center. Therefore, no direction can be granted for grant of house sites in the aforesaid land. As it is stated that the private land admeasuring Ac.2.16 cents in R.S.No.59 is already proposed for acquisition, whenever claims for grant of house sites in the said land are considered, the claim of petitioners shall be considered for allotment of house sites in terms of the policy notified in G.O.Ms.No.105, dated 11.03.1997. Subject to the above direction, both the writ petitions are disposed of. No costs. _____________________ R.SUBHASH REDDY, J 27th July 2011 ajr