IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 9472 of 2001 Between: Chinna Parisramala Karmika Samshema Sangam, Rep. by its President, Sri. Karakamukka Mohammad Haneef, S/o.K.Imam Sahib, R/o.Door No.58, Afgarwari Veedhi, Kanekal, Anantapur District. ..... PETITIONER AND 1 The District Collector, Anantapur District, Anantapur. 2 The Superintendent of Police, Anantapur District, Anantapur. 3 The Mandal Revenue Officer, Kanekal Mandalam, Kanekal. .....RESPONDENT(S) 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 to issue a writ, order or direction more particularly one in the nature of the Writ of Mandamus declaring the action of the respondentsw in interferring with the petitioner's Association Members house sited situated in survey Nos.875-3A, 875-B, 875-8, 875-9 in 6th Ward, Kanekal Village, Kanekal Mandalam, Anantapur District is arbitrary and illegal and consequently direct the respondents not to interfere with the petitioner's Association members house sites situated in bearing survey Nos.875-3A, 875-B, 875-8, 875-9 in 6th Ward, Kanekal Village, Kanekal Mandalam, Anantapur District and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.M.L.ALI Counsel for the Respondent No.: GP FOR ASSIGNMENT The Court made the following : ORDER: This writ petition is filed by the association of various assignees of different plots in Sy.No.875 and its sub numbers as stated in paragraph 2 of the affidavit. The petitioners alleged that they have been residing at the aforesaid respective plots in the said survey number and their allotment pattas for house sites have been implemented as door numbers to which the houses are allotted and house tax is being collected for several years. It is alleging that in February, 2001 they were threatened with forcible eviction by the respondents 1 to 3. The petitioners further state that they have given legal notice dated 01-03- 2001 to the respondents. But as there was no reply, apprehending that members of the petitioner-association will be dispossessed, the present writ petition is filed. While admitting the writ petition on 15-05-2001, this Court granted stay of dispossession for a period of eight weeks. Later, by a further order dated 15-03-2004 the status-quo as on that day was directed to be maintained pending further orders. Today, when the matter was taken up, learned Government Pleader fairly stated that as per the parawise remarks communicated to the learned Government Pleader the aforesaid land was proposed to be allotted to the police personnel but as there are dwelling houses and huts on the site, the police personnel had declined requisition of this land. It is, therefore, stated that as on this date there is no proposal for allotment as aforesaid. It is also stated that the legal notice issued on behalf of the petitioners dated 01-03-2001 was also replied to on 31-03-2001 by the District Collector, Anantapur. As per the said parawise remarks, it is categorically stated that at present house site pattas are existing in Sy.No.875-3 A and they will not disturb their rights and there is no proposal pending for alienating the said land and as and when there is any such proposal the respondents would follow the due process of law and as such there is no cause of action subsisting in the writ petition. In view of the aforesaid specific assurance on the part of the respondents, the writ petition is disposed of with a direction to the respondents that as and when there is any proposal to alienate the lands on which the petitioners are residing as mentioned above, the respondents shall follow due process of law and shall not dispossess the petitioners without giving any notice and adequate opportunity, in accordance with law. No costs. __________________ 22nd December, 2008 SKM