HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.6965 of 2008 Date : 12.07.2011 Between : Yeleti Jayamma. …..Petitioner And Government of Andhra Pradesh, rep. by its Secretary, Revenue Department & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.6965 of 2008 ORDER: In this writ petition, the petitioner has questioned the letter, dated 19.02.2008, issued by the 5th respondent-Executive Engineer, in Letter No.CB/S/MC/189M. The petitioner herein made a representation to the 5th respondent-Executive Engineer-in-Charge of Krishna Central Division, Vijayawada, for grant of patta in respect of land admeasuring Ac.3.00 cents covered by R.S.No.147 of Mopidevi village in Krishna District. In response to such representation of the petitioner, the 5th respondent has addressed the impugned letter to her stating that the Revenue Divisional officer, Bandar and the Tahsildar, Mopidevi have sought for permission from him to grant layout for allotment of the aforesaid land under Indiramma Housing Scheme, for which, they have expressed no objection, as such, her request for grant of patta in respect of the aforesaid land cannot be considered. During the year 1986-87, on the application of the petitioner, the 5th respondent has granted lease in respect of the aforesaid land for a period of one year for agricultural purpose under Paragraph 172 of the Andhra Pradesh Public Works Departmental Code. The said lease was renewed from time to time and when she was continuing in possession on the basis of lease, she applied to the 5th respondent, for grant of patta. Simultaneously, the Revenue Divisional Officer, Bandar and the Tahsildar, Mopidevi, have addressed letters dated 08.01.2008 in Proceedings No.Rc.B/1404/2007, and 29.12.2007 in Proceedings No.S/369/07 respectively, seeking information as to whether the aforesaid land is leased out to the petitioner, and they also requested the 5th respondent to grant necessary permission for issuance of house site pattas to weaker sections under the III phase of Indiramma Housing Scheme. In response to the said letters, the 5th respondent has replied stating that the petitioner was granted temporary lease upto 31.05.2008 and that they have no objection for preparing the layout after expiry of the lease, so as to use the land for housing purposes. In this writ petition, it is contended by the learned counsel for petitioner Sri V.V.L.N. Sharma, that the land in question is not useful for house sites. It is further submitted that by virtue of lease, petitioner is using it for agricultural purpose and if she is deprived of the said land, she will not be having any other source for her livelihood. It is to be noticed that the land in question was within the purview of the 5th respondent-Executive Engineer of Irrigation Department of Krishna Central Division, Vijayawada. Though the petitioner has submitted a representation to the said authority for issuance of patta, it appears, there is no such scheme or policy for issuance of patta in respect of the land, which belongs to the irrigation Department. The limited right conferred on the petitioner was only of her coming into possession of the land in question by virtue of lease, which was initially granted for one year and subsequently renewed from time to time. When the said piece of land was chosen for house sites to implement the III phase of Indiramma Housing scheme, the 5th respondent has addressed the Revenue Divisional officer and the Tahsildar concerned, that they have no objection to prepare a layout for using the land for housing purposes. Though it is the case of the petitioner that the land in question is not suitable for house sites, respondents have denied the same in the counter affidavit filed by respondent No.5. Merely as lease was granted in favour of petitioner for one year, which was renewed from time to time, she cannot object for using such land for any public purpose. At the same time, if the petitioner is a landless poor person, she can apply for grant of any other land by way of assignment, which is in the purview of the Revenue Department, but at the same time, I do not find any illegality in the impugned letter, dated 19th February 2008, addressed by the 5th respondent to the petitioner. For the aforesaid reasons, I deem it appropriate to dispose of the writ petition granting liberty to the petitioner to make an application to the competent authority for grant of patta in respect of any other land suitable for agriculture. If any such application is filed, I am sure the respondents will consider the same, keeping in mind that the petitioner is a widow and she is a landless poor person. Subject to the above observations, the writ petition is disposed of. No costs. _____________________ R.SUBHASH REDDY, J 12th July 2011 ajr