THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.9664 of 2002 DATED 15.10.2009 BETWEEN: S.Satyanarayana Reddy and others … Petitioner AND Government of A.P., rep.by its Secretary, Revenue Department, Secretariat, Hyderabad and others. … Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.9664 of 2002 ORDER: Petitioners, who are residents of Yusufguda, Hyderabad, are allegedly assigned house site pattas in survey No.127. Each of them was allotted 50 square yards in 1989. These pattas were distributed by the then Chief Minister. They developed the land and after obtaining financial assistance from Andhra Pradesh Urban Development and Housing Cell under the chairmanship of the District Collector constructed small houses. They are allegedly in possession of the same. In March, 2002, third respondent visited the area and directed petitioners to surrender the pattas and threatened to dispossess petitioners. Therefore, they filed instant writ petition seeking a writ of Mandamus for declaration and a direction not to evict them without due process of law. Third respondent filed counter affidavit. It is stated that in 1990, Revenue Divisional Officer issued 188 ‘D’ Form pattas to weaker sections allotting 50 square yards of land in survey No.127 of Yusufguda. However, subsequently Government decided to construct houses under Weaker Section Housing Scheme under Ground + 2 pattern. All the pattaholders were accordingly accommodated in the flats in terms of the Housing Scheme. The allegation that third respondent is trying to evict petitioners without issuing notice is denied. The Revenue Divisional Officer states that he never tried to evict petitioners. Indeed, the allegation that they were sanctioned house site patta certificates is denied, though there is no such denial with regard to possession of petitioners. As a categorical statement is made in the counter affidavit that no action is initiated to evict petitioners and that third respondent never tried to evict petitioners, this Court holds that the writ petition is filed without any proper cause of action. Petitioners have not filed any reply affidavit traversing counter averments. However, it is observed that petitioners are in possession of the house sites assigned to them, where they constructed houses. It is needless to mention that they cannot be evicted without issuing notice to them. The writ petition is accordingly disposed of. No costs. _______________ (V.V.S.RAO, J) 15.10.2009 pln