THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.5075 of 2002 Between: Kesupally Pullaiah and others ..... PETITIONERS AND The District Collector, Khammam and others .....RESPONDENTS Counsel for the Petitioners : MR. B.BHASKARA RAO Counsel for Respondents 1 to 3: AGP FOR ASSIGNMENT The Court made the following : ORDER: This writ petition has been filed for a mandamus to declare the inaction of the respondents in considering their representations for regularization of the petitioners’ occupation and assignment of the plots towards house sites over the land situated in V Ward, Madhira Road of Somavaram Wyra Gram Panchayat, Khammam District, as illegal and arbitrary. Heard Sri B.Bhaskara Rao, learned counsel for the petitioners and the learned Government Pleader for Revenue (Assignment). The petitioners averred that their lands were acquired under Wyra Project 50 years back and that they have been in occupation of small plots in Survey Nos.1 to 4 and 211 of Wyra (Brahmanpally) Village for the last 50 years. They claim that they made representations for regularization of their possession over the plots, which are in their occupation, in pursuance of G.O.Ms.No.546, dated 26.04.1975 and G.O.Ms.No.972, Revenue (Assignment – I) Department, dated 04.12.1998. Their grievance is that while their representations were pending, respondent Nos.3 and 4, on the instructions of respondent Nos.1 and 2, threatened the petitioners on 15.03.2002 that they would forcibly dispossess the petitioners. They have therefore, filed the present writ petition. In the counter-affidavit filed on behalf of respondent Nos.1 to 3, it is stated that the lands in occupation of the petitioners form part of road margin and meant for public purpose and that they are not available for regularization under G.O.Ms.No.972, dated 04.12.1998. It is further stated that the Government has acquired Acs.51.20 cents of land for rehabilitation of persons whose lands were acquired under Wyra Project and that house-site pattas were granted in favour of 1640 persons. It is further stated that there is no evidence to show that the petitioners’ houses were submerged under Wyra Project. It is admitted that the petitioners made representations for allotment of house sites, but no orders are passed thereon. It is also stated that no proceedings were initiated against the petitioners for eviction as on the date of filing of the counter-affidavit and that as and when the said proceedings are initiated, due process of law will be followed. Unless the petitioners satisfy the respondents that their case falls within the parameters of G.O.Ms.No.972, dated 04.12.1998, they are not entitled to house-site pattas. It is not in dispute that the sites in occupation of the petitioners belong to the Government and according to the respondents, they are situated abutting APSRTC bus stand and occupation of the petitioners thereon is causing road block and inconvenience for movement of RTC buses. But, what cannot be comprehended by this Court is the inaction of the respondents in disposing of the representations of petitioners and taking appropriate steps for their eviction by following due process of law, if their occupation of the road margin is causing road block and inconvenience to the RTC buses. The executive Government cannot be permitted to develop cold feet and allow encroachers to continue to cause inconvenience to the general public. It is their duty to see that no person is in unlawful occupation of the Government land causing enormous prejudice to the public interest. Having regard to the above facts and circumstances, the writ petition is disposed of with the direction to the respondents to dispose of the representations of the petitioners for grant of house-sites and pass appropriate orders thereon, within a period of four (4) weeks from the date of receipt of a copy of this order. In the event the representations of the petitioners for grant of house-sites are not accepted, the respondents shall take appropriate steps for eviction of the petitioners. C.V.NAGARJUNA REDDY, J 15th OCTOBER, 2009. kvni