IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SECOND DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.3694 of 2008 Between: Kathula Srikumari , W/o.K.Subbaramaiah, R/o.Ambapuram, Nellore Rural Mandal, Kothur Post, Nellore District. ..... PETITIONER AND 1 The Tahsildar, Nellore Mandal, Nellore District. 2 The District Collector, Nellore 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 may be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 1st respondent in Proceedings in Rc.No.B87-A57/2007 dated 10.01.2008 in seeking to resume the land in an extent of Ac.2.00 in Sy.No.123/2, Amnbapuram Village, Nellore District for the purpose of providing house sites under Indiramma Phase-II Programme as arbitrary, illegal, unjust, without jurisdiction, violative of the fundamental and constitutional rights guaranteed to the petitioner under the Constitution of India, violative of principles of natural justice as well as the guidelines issued by the 2nd respondent in Circular dated 13.02.2007 in Rc.No.G.3/778/07 and issue a consequential direction to the respondents not to resume the said land for the above said purpose and pass such other order or orders as are deemed fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.S.SRINIVAS REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.3694 of 2008 ORDER: It is the case of the petitioner that she was assigned the land admeasuring Ac.2-00 cents in Sy.No.123/2 situated at Ambapuram Village, Nellore Rural Mandal, Nellore District, on 01-01-1997. It is stated that the said land is brought under cultivation and she has not violated any terms and conditions of assignment. While so, the 1st respondent passed the impugned order in proceedings Rc.No.B.87-A57/2007, dated 10-01-2008, resuming the said land as it is required for public purpose as it is more suitable for providing house sites to the poor families under Indiramma Housing Scheme and accordingly ordered for payment of ex-gratia as per the orders of the Government in G.O.Ms.No.1307, dated 23-12-1993. It is further stated that the petitioner made a representation before the 2nd respondent dated 08-02-2008, which is filed on 16-02-2008, stating that 400 acres of Government land is available in Nellore Bit-1, which is more suitable for Indiramma Housing Scheme and as per the Circular issued by the 2nd respondent in Rc.No.G.3/778/07, dated 13-02-2007, first preference for selection of the land shall be given to the Government land and encroached land, but, however, the said circular has not been followed. I am not inclined to express any opinion as to whether any suitable Government land is available in Nellore Bit-I or not. However, it is for the Authorities to decide as to which is more suitable and convenient place for providing house sites. However, as the representation of the petitioner, dated 08-02-2008, is pending before the 2nd respondent, I am of the opinion that it is just and proper to direct the 2nd respondent to consider and dispose of the said representation. Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the 2nd respondent to consider and dispose of the representation of the petitioner, dated 08-02-2008, filed on 16-02-2008, in accordance with law. Pending disposal of the said representation, status-quo obtaining as on today shall be maintained. There shall be no order as to costs. ___________ 22-02-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{LS}