HON’BLE SRI JUSTICE A. GOPAL REDDY W.P.No.6530 of 2003 Dated: 17-03-2011 Between: The N.T.R. Nagar Karmika Samskema Sangham, Regd.No.300, rep. by its President Arisham Swamy, R/o.N.T.R.Nagar, Enumamula Village, Hanumakonda Mandal, Warangal District and others …Petitioners AND The Revenue Divisional Officer, Hanumakonda, Warnagal District And others. Respondents This Court made the following: HON’BLE SRI JUSTICE A. GOPAL REDDY W.P.No.6530 of 2003 ORDER: This writ petition under Article 226 of Constitution of India is filed by the petitioners for issuance of writ of mandamus declaring the impugned notice No.B/B2/1176/01, dated 1.4.2003 issued by the second respondent as arbitrary, illegal, violative of principles of natural justice and Fundamental Rights guaranteed under Articles 19 and 21 of Constitution of India and consequently to direct the respondents 2 and 3 not to interfere with the petitioners’ peaceful possession and enjoyment of the houses situated at N.T.R.Nagar, Enumamula Village, Hanumakonda Mandal, Warangal District. By the impugned notice, the second respondent informed the residents of N.T.R.Nagar, Enumamula Village, who are in occupation of village patta land in Sy.Nos.168/A, 166/A, 168/B and 169/A of Enumamula Village that they have illegally constructed houses and are directed to remove the houses/huts in the light of the orders passed by this Court in W.P.No.5183 of 2002, wherein this Court directed the respondents to remove the huts that were illegally constructed, after obtaining police protection. By the impugned notice, the second respondent specifically directed that the petitioners should remove their huts and vacate the premises before 14.4.2003. Initially, this Court suspended the impugned notice on 17.4.2003, but after filing the vacate stay petition by the third respondent, the order of suspension was vacated permitting the respondents 1 and 2 to take appropriate steps. Learned counsel for the petitioners submits that in view of vacating the interim orders, appropriate orders can be passed in the writ petition. The learned counsel for the third respondent submits that the third respondent is no more and he has no instructions in the matter. In the counter affidavit filed by the third respondent along with the vacate stay petition, it is categorically asserted by him that he is President of Samatha Cooperative Housing Society Limited, and that the members of the said Society purchased plots in Sy.Nos.166/A, 168/A & B and 169/A of Enumamilla Village from original pattadars under registered sale deeds duly obtaining the requiring exemption under the Land Ceiling Act and were in peaceful possession and enjoyment over the said plots. Lay out was also sanctioned in respect of the said land by KUDA vide proceedings in D.P.No.28/93 Ref.No.C2/343/93, dated 18.9.1993. In the year 2001 when some unknown persons under the leadership of the first petitioner laid some huts in some plots, the members of the Society lodged a report with the Sub-Inspector of Police, Intejar Gunj Police Station and also approached the District Collector, Warangal and submitted a representation. The said representation was endorsed to Superintendent of Police Warangal. On forwarding the said representation, the second respondent directed the Circle Inspector of Police and Mandal Revenue Officer, Hanamkonda to inspect the said land and take action under Section 145 Code of Criminal Procedure. On 5.3.2001, the Sub-Inspector of Police, Intejar Gunj inspected the said land and requested the Revenue Divisional Officer, Warangal to issue proceedings under Section 145 Cr.P.C. On the said requisition, the Revenue Divisional Officer on 18.6.2001 summoned both members of the said Society and the writ petitioner’s Association to appear with concerned documents relating to the land and after hearing both the parties, the Revenue Divisional Officer passed an order under Section 145 Cr.P.C. to remove the unauthorized huts with police aid. Since the Mandal Revenue Officer, Hanamkonda and Sub- Inspector of Police, Intejar Gunj Police Station have not implemented the said orders, the Samatha Cooperative Housing Society Limited filed W.P.No.5183 of 2002 seeking direction to implement the orders passed under Section 145 Cr.P.C., in which, the Government filed a counter affidavit categorically stating that the subject-land is patta land and not government land and necessary action is being taken on the representation made by the Society. Even before filing of the said writ petition by the said Society, the first petitioner-Sangam filed W.P.No.17946 of 2001 to direct the respondents to consider its representation, dated 6.2.2001 for assignment of house sites in Sy.Nos.166 to 173 of Enumamula Village. This Court by order dated 3.9.2001 dismissed the said writ petition observing that ‘the record made available by the learned Government Pleader would clearly reveal that the land in question is not the government land. Therefore, the Government cannot make any enquiry into the socioeconomic conditions of the members of the petitioner-Sangam for the purpose of ascertaining their eligibility for grant of pattas as claimed by them. The Government cannot grant any assignment whatsoever to the members of the petitioner-Sangam since the land in question is not the government land.’ It is not disputed that W.P.No.17946 of 2001 filed by the first petitioner-Sangam was dismissed by this Court observing that the certified copy of the pahani patriks for the year 1998-99 would disclose that the lands in question in respect of which the petitioner asserts its rights to be in possession are private lands, that they are classified as such and registered in the names of various private individuals, and that the revenue record would also disclose the possession of the private individuals. It was observed that though it is the case of the petitioner that they have occupied the lands in question which is a government land and entitled for grant of assignment/patta for house site, the records reveal that the land in question is not a government land and therefore, the Government cannot make any enquiry into the socioeconomic conditions of the members of the society for ascertaining eligibility and therefore, granting writ of mandamus prayed by the writ petitioner therein to consider the representation of Sangam for assignment of house sites to its members does not arise. The impugned notice has been issued in implementation of the orders passed by this Court in W.P.No.5183 of 2002, wherein this Court directed that once the proceedings under Section 145 Cr.P.C. are initiated to protect the possession of the petitioner therein, the authorities have to decide the question as to the possession and dismissed the writ petition with a liberty to the petitioner therein to approach the third respondent for appropriate orders. Since the proceedings were initiated under Section 145 Cr.P.C. to maintain possession on the representation made by the members of Samatha Cooperative Housing Society Limited, the petitioners having failed in their attempt to get the assignment of the land in question cannot question the impugned notice in the present writ petition. The writ petition is accordingly dismissed. No order as to costs. ________________ A. GOPAL REDDY, J. MARCH 17, 2011 Tsr.