THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.536 of 2002 July 01, 2010 Between: G. Kumar, S/o.Babaiah And another … Petitioners And The District Collector, Ranga Reddy District And others ... Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.536 of 2002 ORDER: The petitioners assail the memo dated 09.11.2001 bearing No.B/517/98 of the second respondent whereunder the request of petitioners to regularize the land in their possession in accordance with guidelines in G.O.Ms.No.508, dated 20.12.1995, was rejected. This Court admitted the writ petition on 04.1.2002 and ordered status quo. Subsequently respondents 3 to 14 got impleaded in the writ petition to oppose the writ petition. It is the case of petitioners that they belong to Scheduled Caste community. Their father was eking out livelihood by breaking big rocks and boulders and selling them. He allegedly in possession of land admeasuring Acs.1.03 guntas in survey No.32 of Gachibowli Village of Serilingampally Mandal in Ranga Reddy District. It appears that their father Babaiah sustained injury while breaking stones. His leg was amputated. The work of breaking boulders was taken over by petitioners. They constructed houses in land admeasuring 25 Sq.yards each, which were assessed to Municipal tax. In 2000, they applied for regularization in accordance with G.O.Ms.No.508, dated 20.10.1995, in vain. Petitioners filed writ petition being W.P.No.24363 of 2000 seeking direction to first respondent, namely, District Collector, Ranga Reddy District, to consider their request for regularization. This Court disposed of writ petition on 11.12.2000 directing respondents therein, namely, District Collector and Mandal Revenue Officer (now, Tahsildar), to consider the application and pass appropriate orders within a period of six weeks from the date of receipt of a copy of the said order. Subsequently, the Tahsildar issued impugned order. In the impugned order, it is stated that petitioners’ application cannot be considered for regularization for the following reasons (as stated therein). 1. The encroachment should be from a period on or before 31.3.1990 whereas the applicants have illegally constructed two small rooms on 25 Sq.yards each only two years ago. 2. There shall be a residential structure existing on the land whereas the petitioners have illegally constructed two small rooms of 25 Sq.yards each and requested for regularisation of 2904 Sq.yards (Acs.0.24 guntas) of survey No.32, which is the part of the weaker section layout in which patta certificates have already been issued in the year 1984. 3. The regularisation will be strictly limited to cases where the encroachment is unobjectionable, where as the petitioners are seeking regularisation of vacant land part of weaker sections layout in which patta certificates were already been issued and Hon’ble High Court of A.P. ordered for release of house sites to beneficiaries as per their order in W.P.No.9064 of 1998, dated 27.4.1998. This Court heard the counsel for petitioners, Assistant Government Pleader for Revenue (Assignment) and other rival parties. There is no dispute that as per G.O.Ms.No.508, it is only the District Collector as the Chairman of Assignment Committee who has to consider the representation and pass appropriate orders. The Tahsildar may be an enquiring officer and with reference to the conditionalities mentioned in G.O.Ms.No.508, he cannot straight away reject the application. On this limited ground, this writ petition is disposed of remitting the matter to the District Collector, Ranga Reddy District, who is directed to consider the report of the Tahsildar and pass appropriate orders. Be it noted that even if the there is already a layout for assignment houses in survey No.32, as the petitioners are now seeking regularisation of their occupation to the extent of 25 Sq.yards each only, the District Collector may consider the regularisation or allot some other house site to petitioners. It shall however be open to Revenue authorities either to permit or not to permit petitioners to break boulders and stones in the nearby Government land. This exercise may be completed within a period of eight weeks from the date of receipt of a copy of this order. Till then there shall be status quo with regard to possession. The writ petition stands disposed of accordingly. There shall be no order as to costs. ______________ (V.V.S. RAO, J) July 01, 2010 YS