THE HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION NO.14466 OF 2008 DATED: 17-3-2011 BETWEEN: BOLLEPALLI MALLESWARI AND OTHERS .. PETITIONERS AND THE DISTRICT COLLECTOR, GUNTUR DISTRICT, GUNTUR AND OTHERS .. RESPONDENTS THE HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION NO.14466 OF 2008 O R D E R: The petitioners who are 62 in number have averred that they were the original beneficiaries of land in Sy.No.183-1A of Vutukuru village, Krosuru Mandal, Guntur District. They were granted house site pattas as per the layout plan and possession was handed over to them long back i.e. in the year 1999. It has further been averred that now the sites of the petitioners have been resumed without following due process of law and the same have been allotted to some third parties. Learned counsel for the petitioners submits that the petitioners have not flouted with the terms and conditions of the allotment of house sites, therefore, the action of the respondents is wholly illegal and the house site pattas are liable to be restored to the petitioners. Counter affidavit has been filed on behalf of respondent Nos.1 to 3 wherein it has been averred that the land admeasuring Ac.14.16 in Sy.No.183 of Vutukur village originally belongs to Sri.Lakshmi Narasimhaswamy. Out of which an extent of Ac.10.00 was acquired for allotment of house sites to weaker section people in Consent Award No.29/01-02, dated 30.3.2002. It is further stated that land in Sy.No.183/1A was acquired and that a layout was prepared for 230 plots and the same was approved by the then Mandal Revenue Officer, Krosur and house site pattas were allotted to weaker section people in an extent of Ac.0.02 ½ cents each who do not have house sites in the village. According to one of the conditions of the house site pattas, the allottees have to occupy and construct the house within a period of 6 to 12 months. However, during verification of all the assigned house sites in the village for implementation of Indiramma Phase II Housing Programme it has been observed that the lands in Sy.No.183/1A was not occupied and houses were not constructed by the beneficiaries within the stipulated time or till verification of the plots by the officials. It is stated that in those circumstances notices were issued to the beneficiaries who have violated the conditions and as no explanation was forthcoming from any of the beneficiaries, therefore, it was clear that none of the beneficiaries who were granted house site pattas had raised any construction over the plot allotted to them. Accordingly, the plots allotted to them were resumed to the Government in proceedings of the Tahsildar, Krosur in Rc.No.188/07-A, dated 10.4.2008. It is further stated that a revised lay out has been prepared by the Mandal Surveyor, Krosur at the rate of 0.02 cents of each plot having 266 plots and that out of 266 plots 222 were reassigned to the house less weaker section people of the village, which list has been published in Gram Panchayat office on 17.11.2007 and 9.4.2008. It has further been stated in the counter affidavit that after verifying the names of the writ petitioners with the list of revised beneficiaries, the following SL.Nos. of the petitioners are found in the revised beneficiaries list: Sl.No.1 Plot No.237, 2 Plot No.233, 5 Plot No.15, 6 Plot No.94, 8 Plot No.226, 9 Plot No.132, 12 Plot No.182, 15 Plot No.234, 16 Plot No.134, 21 Plot No.238, 23 Plot No.235, 25 Plot No.133, 27 Plot No.126, 34 Plot No.199, 36 Plot No.190, 37 Plot No.131, 40 Plot No.231, 41 Plot No.239, 43 Plot No.66, 46 Plot No.11, 54 Plot No.66, 59 Plot No.238 (Total 22 persons). It has further been stated in the counter affidavit that the following Sl.Nos. of the writ petitioners were not residing in the village: 17, 32, 45, 50, 51, 53, 61 (7 persons). It has further been stated in the counter affidavit that the following petitioners are having own houses in the village: 3,4,7,10,11,13,14,18,19, 20, 22, 24, 26, 29, 30, 31, 33, 35, 38, 39, 42, 44, 47, 49, 52, 55, 56, 57, 58, 60, 62 (31 persons). It has further been stated in the counter affidavit that the following petitioners are one and the same: Sl.No.6 and 48. In view of the above, it is clear that possession was delivered to 22 revised beneficiaries, whose details are as follows: Sl.No.1 Plot No.237, 2 Plot No.233, 5 Plot No.15, 6 Plot No.94, 8 Plot No.226, 9 Plot No.132, 12 Plot No.182, 15 Plot No.234, 16 Plot No.134, 21 Plot No.238, 23 Plot No.235, 25 Plot No.133, 27 Plot No.126, 34 Plot No.199, 36 Plot No.190, 37 Plot No.131, 40 Plot No.231, 41 Plot No.239, 43 Plot No.66, 46 Plot No.11, 54 Plot No.66, 59 Plot No.238 (Total 22 persons). Hence, their house site pattas are protected and possession had already been delivered. As far as the other petitioners are concerned I find no merit in the writ petition in view of the reasons mentioned in the counter affidavit of respondent Nos.1 to 3. Accordingly, this writ petition is disposed of. No costs. Dated: 17th March, 2011. ( ASHUTOSH MOHUNTA ,J ) TNB THE HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION NO.14466 OF 2008 DATED: 17-3-2011