IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 21461 of 2007 Between: Sri Chinna Kesava Swamy Balahina Vargala Welfare Society, Rep. by its President namely Y. Nageswara Rao R/o. 3/302nd Lane, Satyanarayana Puram, Ongole, Prakasam District. ..... PETITIONER AND 1 The District Collector, Prakasam District, Ongole. 2 The Revenue Divisional Officer, Ongole Prakasam District. 3 The Thasildhar, Ongole, Prakasam District. .....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 any writ order or direction more particularly a writ in the nature of Mandamus declare the action of the respondents herein in not granting the house site pattas to the members of the petitioner society who are belongs to weaker sections which was acquired the land in Sy.No. 362 and 364 situated a t Koppulu Villge, Ongole, Prakasam District as arbitrary illegal, unconstitutional violating Art. 14, 21 of the Constitution of India and consequently direct the respondents to provide house site pattas to the members of the petitioner society for the land admeasuring in Sy.N. 362 and 364 situated at Koppulu Village, Ongole, Prakasam District and pass such other order or orders as it deems fit and proper. Counsel for the Petitioner: MR.BOKKA SATYANARAYANA & KAMLA SEELAM B. Counsel for the Respondents: GP FOR REVENUE The Court made the following : ORDER: This writ petition is filed questioning the action of the respondents in not allotting house site pattas to the members of the petitioner society in survey Nos.362 and 364 in an extent of Ac.37.20 cents situate at Koppolu Village, Ongole District. Necessary facts for the disposal of this writ petition are that the petitioner society consists of 1099 members belonging to Scheduled Castes, Scheduled Tribe, Backward Class and Economically Backward Classes. In order to provide house sites to its members, the petitioner society made a representation on 11.11.2002 to the 1st respondent – District Collector, Prakasam District requesting him to acquire the land in Sy.No.362/1 & 3 and 364/1&3 in an extent of Ac.37.20 guntas belonging to the endowment department and to allot the same to its members. Pursuant to the said representation, the 1st respondent requested the 3rd respondent – Tahsildar, Ongole to inquire into the matter and to take steps to send draft notification and declaration proposals. On 16.9.2003 the 1st respondent further directed the 3rd respondent to verify the list of beneficiaries of the petitioner society and on such verification and satisfaction with the list of beneficiaries to send draft notification and declaration proposals along with necessary documents to take further action. Pursuant to the said directions, the 3rd respondent by letter dated 25.10.2003 directed the petitioner society to submit the list of beneficiaries and accordingly the petitioner society has submitted the list of beneficiaries by letter dated 31.10.2003 giving names of all 1099 members of the society and also indicated the community to which the members belong. Thereafter, though the land was acquired, the respondents have not taken any steps to allot the house site pattas to the petitioner society. Therefore, the present writ petition is filed seeking a direction to the respondents to provide house site pattas to the members of the petitioner society in the acquired land. Today, when the matter is taken up for hearing, the learned Government Pleader on instructions submits that out of the total extent of Ac.37.20 cents, house site pattas were issued in Ac.16.40 cents for 900 eligible beneficiaries selected under Indiramma programme and in an extent of Ac.14.00, 327 Rajiv Gruha Kalpa beneficiaries were given house sitepattas. An extent of Ac.6.80 cents was earmarked for providing house sites to the eligible beneficiaries of the members of the petitioner society, if the President gives particulars of the members of the society to decide their eligibility. The learned government pleader has also produced before this court the fax message sent by the Tahsildar, Ongole to this effect. Since the government has already earmarked an extent of Ac.6.80 cents of land for the eligible members of the petitioner society, it is agreed by both the counsel to dispose of the writ petition with appropriate directions to the respondents. Accordingly, the President of the petitioner society is directed to furnish the list of eligible members of its society to the 3rd respondent for allotment of house site pattas. On such furnishing a list, the 3rd respondent shall consider the same and allot the house site pattas to eligible members. With the above directions the writ petition is disposed of. No costs. N.V.RAMANA,J DT.25.3.2008 Msv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The District Collector, Prakasam District, Ongole. 2 The Revenue Divisional Officer, Ongole Prakasam District. 3 The Thasildhar, Ongole, Prakasam District. 4. 2CCs to Govt.Pleader for Revenue,High Court of A.P. Hyderabad. 5. 2CD copies