IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 23197 of 2001 Between: 1 Shaik Nazeer Basha S/o Patchamia (Muslim) Prakasam Dist, Andhra Pradesh. 2 Mahaboob Subani S/o Shaik Nazeer Basha Darsi. 3 Shaik Mahamed Gouse S/o Patchamia Darsi. 4 Mithala Tirupala S/o Bala Gurvaiah Darsi. 5 Parella Venkatesulu S/o Venkata Swamy Darsi. 6 Mekala Tirupathaiah S/o Pullaiah Darsi. 7 Anumalamudi Mastan S/o Khasim Darsi. 8 Basha S/o Nabi Saheb Darsi. 9 Pamulapati Narayana S/o Ankaiah Darsi. 10 Abusaleh S/o Moulali Darsi. ..... PETITIONERS AND 1 Collector & District Magistrate Ongole, Prakasam Dist. 2 Revenue Divisional Officer Kandukur Mandal, Prakasam Dist. 3 Mandal Revenue Officer Darsi Mandal, Prakasam Dist. .....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 a Writ or direction or order specifically one in the Nature of Mandamus declaring the action of the respondent in not Providing alternative sites for rehabilitation of the petitioner who are displaced persons pursuant to widening of the road leading from Darsi-Addanki Village in Prakasam District as illegal, arbitrary, discriminatory, contrary to the provisional of G.O.Ms.No.560,dt.22-12- 97 violative of principles of natural of justice and violative of Art.14,19 and 21 of the Govt.of India and direct the respondents to accommodate the Petitioner herein either in the existing Govt. shops complex or by Providing the Vacant site in Survey No.285/6 situated in Darsi Village or any other suitable land for erking out their livelihood by raising Chppal and Tailoring shops and pass. Counsel for the Petitioner: MRS.B.VASANTHA LAKSHMI Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.23197 of 2001 O R D E R : The petitioners herein claim to be the displaced persons from the road margin of the road leading from Darsi to Addanki in Prakasam District. It is stated that they were carrying on petty business of chappals, tailoring and etc., on the left side of the said road and that they were evicted by the respondents 1 to 3 for the purpose of road widening in the year 1997. While so, the Government of Andhra Pradesh issued G.O.Rs.No.560, G.A.D.(General) Department dated 22-12-1997 empowering the Collectors to take over the lands of other Department for the purpose of rehabilitation of eligible persons who have been evicted during the process of removal of encroachments. Pursuant to the said order, the first respondent by proceedings dated 23-12-1997 directed the second respondent to submit proposals for rehabilitation of the persons so evicted. Accordingly some of the displaced persons were provided alternative sites. However, similar benefit was not granted to the petitioners in spite of repeated requests. It is pleaded that as a matter of fact Ac.0.10 cents of vacant land situated in Sy.No.285/6 of Darsi village belonging to the Government is available which is suitable for rehabilitation of the petitioners and the same could have been allotted to them. Hence, the present writ petition seeking a declaration that the action of the respondents in not providing alternative sites for rehabilitation of the petitioners is arbitrary and illegal. In the counter affidavit filed by the Mandal Revenue Officer, while denying the allegation that the petitioners herein were discriminated, it is stated that the land in Sy.No.285/6 is not available since the said land was already alienated in the year 1997 to Judicial Department. However, it is stated that an alternative site is available inside the college compound and the same is available for providing rehabilitation as per G.O.Rs.No.560 dated 22-12-1997. It is also explained that in case the land in Sy.No.285/6 is withdrawn and handed over by the Judicial Department, after obtaining the permission of the District Collector, the same can be utilized for providing rehabilitation. Having regard to the stand taken by the respondents in the counter affidavit, I deem it appropriate to dispose of the writ petition with a direction to the respondents to examine the availability of the vacant sites as on today and consider the claim of the petitioners, if they are otherwise eligible in terms of Go.Rs.No.560 dated 22-12-1997 and pass appropriate orders in accordance with law as expeditiously as possible preferably within a period of three months from the date of receipt of this order. No costs. ______________ G. ROHINI, J Date: 19-11-2008 KLP