THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.3420 of 2007 ORDER: The petitioner constructed a semi-permanent house in Sanjaygandhi Nagar, Qutubullapur Mandal by encroaching the Government land along with several others. The then Qutubullapur Municipality initiated steps for constructing a storm water drain across the said locality. Since the place where the petitioner was residing was to be affected, the Municipality addressed a letter, dated 17.04.2002, informing that the petitioner would be allotted alternative site in the reclaimed area. The grievance of the petitioner is that he has not been delivered possession of the area allotted to him. Qutubullapur Municipality has since been merged with the Greater Hyderabad Municipal Corporation. On behalf of respondent No.1, a counter affidavit is filed. The fact that the petitioner was allotted a site of 9 metres x 4 metres is admitted. It is, however, stated that the site was occupied by another encroacher and she in turn filed a suit. The suit is said to have since been withdrawn. Respondent No.1 ultimately contends that the petitioner has encroached into another part of the Government land and he constructed the house therein. Heard the learned counsel for the petitioner and the learned counsel for the respondents. It is not as if the respondents have taken away any land owned by the petitioner. The place on which the petitioner constructed a house was owned by the Government and the petitioner encroached it. To be fair to the petitioner, the then Municipality offered to allot alternative site in the reclaimed area and accordingly issued orders. However, by the time the petitioner occupied it, the area was encroached by another person in the same locality and filed a suit. Respondent No.1 has categorically stated that subsequent to the construction of storm water drain, the petitioner encroached another part of the Government land in the same locality. The petitioner has not denied that averment. Once the petitioner has come into possession of another Government land and constructed a house therein, he cannot fallback on the letter through which a small plot of 9 metres x 4 metres was allotted. Hence, the writ petition was dismissed. There shall be no order as to costs. _______________________ L.NARASIMHA REDDY,J Dt: 10.02.2011. kdl