IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTH DAY OF JUNE TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 14658 of 2002 Between: 1 Rama Subbamma W/o. Maddaiah 7-123 residing in Sy.NO.160/2A/1, 160/B near Petrol Bunk, Banaganipally Village, Kurnool District 2 Seshamma W/o. Ramulu 7-25-27 residing in Sy.NO.160/2A/1, 160/B near Petrol Bunk, Banaganipally Village, Kurnool District 3 Ramalakshamma W/o. Nagana 7-133 residing in Sy.NO.160/2A/1, 160/B near Petrol Bunk, Banaganipally Village, Kurnool District 4 Bagambi W/o. late Moti Hussain 9-26/4 residing in Sy.NO.160/2A/1, 160/B near Petrol Bunk, Banaganipally Village, Kurnool District 5 Abdul Kareem S/o.Abdul Shukoor 7-139 residing in Sy.NO.160/2A/1, 160/B near Petrol Bunk, Banaganipally Village, Kurnool District 6 Lakshmi W/o.Baludu 7-132 residing in Sy.NO.160/2A/1, 160/B near Petrol Bunk, Banaganipally Village, Kurnool District 7 T.Eswarawmma W/o.Subbarayudu 7-25-26 residing in Sy.NO.160/2A/1, 160/B near Petrol Bunk, Banaganipally Village, Kurnool District 8 Abbasbi W/o. Hussain Sab 7-76/21 residing in Sy.NO.160/2A/1, 160/B near Petrol Bunk, Banaganipally Village, Kurnool District 9 V.Balija Laxamma W/o. Subbaiah 7-137 residing in Sy.NO.160/2A/1, 160/B near Petrol Bunk, Banaganipally Village, Kurnool District 10 Janabi W/o. Jaffer Ali 7-75 residing in Sy.NO.160/2A/1, 160/B near Petrol Bunk, Banaganipally Village, Kurnool District 11 Jemunisa W/o. Raja Mohiddin 7-157 residing in Sy.NO.160/2A/1, 160/B near Petrol Bunk, Banaganipally Village, Kurnool District 12 Gopati Santamma W/o.Subbarayudu 7-144 residing in Sy.NO.160/2A/1, 160/B near Petrol Bunk, Banaganipally Village, Kurnool District 13 Boya nageswari W/o.Madduleti 7-124/1 residing in Sy.NO.160/2A/1, 160/B near Petrol Bunk, Banaganipally Village, Kurnool District 14 Padmavathi W/o.Maddduleti 7-120 residing in Sy.NO.160/2A/1, 160/B near Petrol Bunk, Banaganipally Village, Kurnool District 15 Pedda Naganna S/o.Venkatanna 7-133 residing in Sy.NO.160/2A/1, 160/B near Petrol Bunk, Banaganipally Village, Kurnool District 16 Mehrunbi W/o. Khasim 7-143 residing in Sy.NO.160/2A/1, 160/B near Petrol Bunk, Banaganipally Village, Kurnool District 17 Sajeera W/o. Hussain 7-120/3 residing in Sy.NO.160/2A/1, 160/B near Petrol Bunk, Banaganipally Village, Kurnool District 18 Pedda Dastagiri W/o.Gajjalanna 7-127 residing in Sy.NO.160/2A/1, 160/B near Petrol Bunk, Banaganipally Village, Kurnool District 19 Parvathi W/o.Ramudu 7-134 residing in Sy.NO.160/2A/1, 160/B near Petrol Bunk, Banaganipally Village, Kurnool District 20 Pullamma W/o.Hussaini 7-137/2 residing in Sy.NO.160/2A/1, 160/B near Petrol Bunk, Banaganipally Village, Kurnool District 21 Ramulamma W/o.Bheemanna 7-138 residing in Sy.NO.160/2A/1, 160/B near Petrol Bunk, Banaganipally Village, Kurnool District 22 Boya Somakka W/o.Chinna Hussaini 7-40 residing in Sy.NO.160/2A/1, 160/B near Petrol Bunk, Banaganipally Village, Kurnool District 23 Gandikota Ramasubbamma W/o.Yerramala 7-124/2 residing in Sy.NO.160/2A/1, 160/B near Petrol Bunk, Banaganipally Village, Kurnool District 24 Hussainbi W/o.Hussanmia 7-136 residing in Sy.NO.160/2A/1, 160/B near Petrol Bunk, Banaganipally Village, Kurnool District 25 Boya Lakshmi Devi W/o.Ramudu 7-143/1 residing in Sy.NO.160/2A/1, 160/B near Petrol Bunk, Banaganipally Village, Kurnool District 26 Boya Ramakka W/o.Hussaini 7-139 residing in Sy.NO.160/2A/1, 160/B near Petrol Bunk, Banaganipally Village, Kurnool District 27 Gandikota Laxamma W/o.Subbarayudu 7-131 residing in Sy.NO.160/2A/1, 160/B near Petrol Bunk, Banaganipally Village, Kurnool District 28 Jailabdin D/o.Gattu Naganna 7-126/1 residing in Sy.NO.160/2A/1, 160/B near Petrol Bunk, Banaganipally Village, Kurnool District 29 Smt.Subbamma W/o. Thimmaiah 7-126/2 residing in Sy.NO.160/2A/1, 160/B near Petrol Bunk, Banaganipally Village, Kurnool District 30 Yenakandla Mahaboobi W/o.Hussainsa 7-140 residing in Sy.NO.160/2A/1, 160/B near Petrol Bunk, Banaganipally Village, Kurnool District 31 Mahaboobi W/o.Budensab 7-31-12B residing in Sy.NO.160/2A/1, 160/B near Petrol Bunk, Banaganipally Village, Kurnool District 32 Shaik Shavali S/o.Modin 7-31-40 residing in Sy.NO.160/2A/1, 160/B near Petrol Bunk, Banaganipally Village, Kurnool District 33 Kareemun W/o. Ismail 7-140 residing in Sy.NO.160/2A/1, 160/B near Petrol Bunk, Banaganipally Village, Kurnool District 34 Mahaboobbi D/o.late Ghouse 7-123 residing in Sy.NO.160/2A/1, 160/B near Petrol Bunk, Banaganipally Village, Kurnool District 35 Anjaneyulu S/o.Chennappa 7-135 residing in Sy.NO.160/2A/1, 160/B near Petrol Bunk, Banaganipally Village, Kurnool District 36 Gounda Mahaboob Basha S/o.Dedubai 7-140/1 residing in Sy.NO.160/2A/1, 160/B near Petrol Bunk, Banaganipally Village, Kurnool District 37 Ghousia W/o. Chinna Hussainsa 7-141 residing in Sy.NO.160/2A/1, 160/B near Petrol Bunk, Banaganipally Village, Kurnool District 38 Gopal S/o.Subbarayudu 7-22 residing in Sy.NO.160/2A/1, 160/B near Petrol Bunk, Banaganipally Village, Kurnool District 39 B.Madduleti S/o. Pedda Thimmaiah 7-26-71 residing in Sy.NO.160/2A/1, 160/B near Petrol Bunk, Banaganipally Village, Kurnool District ..... PETITIONERS AND 1 The District Collector Kurnool 2 The Joint Collector/Person In Charge The Kurnool District Coop. Marketing Society Kurnool, Kurnool District 3 The Mandal Revenue Officer, Banaganipalli, Kurnool District 4 The Branch Manager Kurnool District Coop. Marketing Society Banaganipalli, Kurnool 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 a writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondent authorities in trying to demolish the houses of the petitioners without issuing any notice as required under Sec.7 of the Land Encroachment Act or getting title declared by the special Tribunal constituted under the A.P.Land Grabbing (P) Act 1982 or from the special court constituted under the Land Grabbing Prohibition Act situated at Hyderabad if the claim is that the land over which the houses of these petitioners stands constructed after obtaining necessary permission from the Grampanchayat assessed to tax, duly connected the supply of electrical energy etc., is without jurisdiction and violative of the right to shelter as contemplated under Art.21 of the Constitution of India. Counsel for the Petitioner:MR.M.SUBBA REDDY Counsel for the Respondents.: GP FOR REVENUE The Court made the following : ORDER: This Writ Petition is filed seeking direction more particularly one in the nature of writ of mandamus declaring the action of the respondents authorities in trying to demolish the houses of the petitioners without issuing any notice as required under Section 7 of the Land Encroachment Act is contrary to the provisions of Article 21 of the Constitution of India. 2. The grievance of the writ petitioners is that the constructions put up by them are sought to be demolished by the respondents without providing alternative sites to them. 3. The respondents in their counter-affidavit stated that the revenue officials conducted enquiry and after making list of the encroachers, alternative sites were provided to the writ petitioners for their livelihood. It is further stated in the counter- affidavit that the petitioners vacated the land long back and as on this day none of the petitioners is in occupation of the road margins. This factual aspect has not been disputed by the writ petitioners. Indeed some of the persons similarly situated as that of writ petitioners filed W.P.No.14350 of 2002 and the said writ petition ended in dismissal. 4. In view of the respondents providing alternative sites to the petitioners, no cause of action survives. 5. Accordingly, the writ petition is dismissed. No order as to costs. _______________________ B.Seshasayana Reddy,J 6th June, 2005. KM ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Dist Collector Kurnool , Kurnool Dist 2 The Person-in Charge/Joint Collector Kurnool Dist Coopertive Marketing Society Kurnool district 3 The Mandal Revenue Officer Banaganapalle , Mandal Kurnool District 4 The Branch Manager Kurnool Dist Cooperative Marketing Society Kurnool., Banaganapalle , Kurnool District 5. 2 CCs to G.P. for Revenue, High Court Buildings, Hyderabad (OUT) 6. 2 CD copies THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 14658 of 2002 6th June, 2005.