IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.V.SANJAY KUMAR WRIT PETITION No: 15151 of 2001 BETWEEN: Syed Khaja Peera, S/o. Syed Ahammad Khadri, R/o. M.S. Nagar Road, C. Camp, Kurnool. ... PETITIONER AND 1 The District Collector, Kurnool, Kurnool District. 2 The Mandal Revenue Officer, Kallur Mandal, Kurnool District. 3 The Executive Engineer, R & B, Kurnool Circle, Kurnool. 4 The Commissioner, Kurnool Municipal Corporation, Kurnool. ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court may be pleased to issue a writ, order or direction, preferably in the nature of writ of mandamus, declaring the action of the respondents in not considering the case of the petitioner for assigning the house site patta to an extent of 40 Sq. yds. situated besides C.Camp Prardhana Mandiram, Nandyal Road, C.Camp Center, Kurnool, even though petitioner is eligible and entitled for the assignment and further action of the respondents in trying to evict the petitioner yielding to the pressures of the persons belongs to C.Camp, Prardhana Mandiram, as illegal, arbitrary, violative of Article 14,19,21 and 300-A of Constitution of India and consequently direct the respondents to assign the house site patta to the petitioner and pass such other order or orders. Counsel for the Petitioner: MR.K.RATHANGA PANI REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER: It is represented that the petitioner herein stands on the same footing as the petitioners in WP.No.12002 of 2000. The prayer in this writ petition is for a direction to the respondents to consider the case of the petitioner for assigning the house site patta admeasuring 40 sq. yards situated besides C.Camp, Prardhana Mandiram, Nandyal Road, C.Camp Center, Kurnool. 2. A copy of the order dated 29.08.2008 passed in WP.No.12002 of 2000 is produced before me. The prayer in both the writ petitions is substantially the same. WP.No.12002 of 2000 was disposed of with a direction to the District Collector, Kurnool District to pass orders on the representation dated 08.05.2000 of the petitioners therein, treating the same as a representation under G.O.Ms.No.166 dated 16.02.2008, which pertains to assignment of encroached Government land. The petitioners therein were also directed to forward a coy of the representation dated 08.05.2000 along with a copy of the order passed in the writ petition to enable the District Collector, Kurnool to take necessary action in the matter. Though a copy of the representation dated 08.05.2000 has not been ﬁled in the present writ petition, the petitioner herein claims that he was also a signatory to the said representation along with the petitioners in WP.No.12002 of 2000. 3. Accepting the same, the petitioner herein is permitted to forward a copy of the said representation along with the copy of this order within a period of four weeks from the date of receipt of a copy of this order to the District Collector, Kurnool, the ﬁrst respondent herein. The ﬁrst respondent shall consider the case of the petitioner for assignment in terms of G.O.Ms.No.166 dated 16.02.2008 within a period of six months from the date of receipt of a copy of the representation. As in the case of the petitioners in WP.No.12002 of 2000, the petitioner herein also claims to be in possession of the land admeasuring 40 sq. yards in respect of which he seeks assignment and accordingly, keeping in mind the fact that this Court had directed status quo to be maintained with regard to possession by its order dated 25.07.2001, there shall be a direction to the respondents to permit the petitioner to continue in possession till ﬁnal orders are passed by the District Collector, Kurnool District in terms of G.O.Ms.No.166 dated 16.02.2008. The writ petition is accordingly disposed of. There shall be no order as to costs. __________________ P.V. SANJAY KUMAR, J November 11, 2008 DSK