HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.5875 OF 2006 Friday, the 25th day of September, 2009 Between: G.Vidya Sagar and others. …Petitioners. And: 1. The State of A.P. rep.by its Secretary, Revenue Department, Secretariat, Hyderabad and others. ….Respondents. HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.5875 OF 2006 ORDER: This writ petition is filed by the writ petitioners seeking to declare the action of the respondents in not providing house sites to the petitioners in Sy.No.288 meant for the landless poor as illegal and arbitrary and consequently, direct the respondents to assign house pattas to the petitioners in Sy.No.288, situated at Gokavaram Mandal, East Godavari District by considering the representation dated 16-12- 2004 and 02-01-2006. The case of the petitioners in brief are as follows: The case of the petitioners is that they are all residents of Gokavaram village and they are belonging to the Backward Class and S.C. Community eking out their livelihood by doing agricultural labour and they are landless poor persons. Since they are eligible for grant of house site patta, they made a representation to the 2nd respondent- District Collector and also 4th respondent-Mandal Revenue officer for granting house site pattas to them staging that the land in Sy.No.288 admeasuring Ac.16.00 is vacant since 28 years. Since some unauthorized persons are making constructions in the land in question, they made a representation to the 2nd respondent-District Collector. But, so far no action has been taken in this regard. In this connection, on a representation made by the petitioners to this Court, this Court directed the 2nd respondent-District Collector to take necessary action in this matter and in compliance of the orders of this Court, the 2nd respondent directed the 3rd respondent Revenue Divisional Officer to enquire into the matter and take appropriate action. But no enquiry was conducted and in the meanwhile, some unauthorized persons were proceeding with the construction of the houses by demolishing the public toilets meant for the poor people. Even though the Secretary of the Gram Panchayat addressed a letter to the 4th respondent-Mandal Revenue Officer about the demolition of the public toilets, no action was taken. Hence, the petitioners approached this Court by filing the present writ petition. The main grievance of the petitioner is that since they are eligible for grant of house site patta, they made a representation to the 2nd respondent-District Collector and also 4th respondent-Mandal Revenue officer in this regard bringing to their notice that the land in Sy.No.288 admeasuring Ac.16.00 is vacant since 28 years. Even though their representation is still pending, some unauthorized persons are making constructions in the land in question and in this connection, they made a representation to the 2nd respondent-District Collector as well as this Court. Even this Court directed the concerned to enquire into the matter, no action was taken but some unauthorized did not stop their effort in constructing houses by demolishing the public toilets meant for the poor people. Apart from that, even though the Secretary of the Gram Panchayat addressed a letter to the 4th respondent-Mandal Revenue Officer about the demolition of the public toilets, no action was taken. Hence, he seeks a direction to the concerned authorities to assign the house pattas to the petitioners in S.No.288 by considering their representations dated 16-12-2004 and 02-01-2006 respectively. No counter has been filed by the leaned Government Pleader for Revenue. Heard the learned counsel and perused the material available on record. Having regard to the facts and circumstances of the case and the averments made in the affidavit filed in support of the writ petition filed by the petitioners, I feel it just and proper to direct the official respondents to consider the representations of the petitioners dated 16-12-2004 and 02-01-2006, respectively in accordance with law. Accordingly, the respondents are directed to consider the representations dated 16-12-2004 and 02-01-2006 made by the petitioners, if they are eligible in accordance with law, within a period of two months from the date of receipt of a copy of this order. No costs. ________________________ Justice G.CHANDRAIAH Dated 25th September, 2009. Dvs HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.5875 OF 2006 Dated 25th September, 2009.