IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO : 886 of 2001 Between: 1 Guntuka Somaiah S/o. Ramulu R/o. Plot.No.15, Survey No.691, Alamkhanipeta Village, Nekkonda Mandal, Warangal District. 2 Kandula Dudaiah S/o. Mallaiah R/o. Plot.No.62, Survey No.691, Alamkhanipeta Village, Nekkonda Mandal, Warangal District. 3 Bosetti Buchaiah S/o. Balaiah R/o. Plot.No.38, Survey No.691, Alamkhanipeta Village, Nekkonda Mandal, Warangal District. 4 Chapala Laxminarsamma W/o. Pitchaiah R/o. Plot.No.1, Survey No.691, Alamkhanipeta Village, Nekkonda Mandal, Warangal District. 5 Guntuka Laxmaiah S/o. Saiulu R/o. Plot.No.17, Survey No.691, Alamkhanipeta Village, Nekkonda Mandal, Warangal District. 6 Martha Komaraiah S/o. Ramchandaraiah R/o. Plot.No.3, Survey No.691, Alamkhanipeta Village, Nekkonda Mandal, Warangal District. 7 Gogu Komaraiah S/o.Narsaiah R/o. Plot.No.33, Survey No.691, Alamkhanipeta Village, Nekkonda Mandal, Warangal District. 8 Kandula Mallaiah S/o.Ilaiah R/o. Plot.No.29, Survey No.691, Alamkhanipeta Village, Nekkonda Mandal, Warangal District. 9 Tarala Chandaraiah S/o.Ilaiah R/o. Plot.No.24, Survey No.691, Alamkhanipeta Village, Nekkonda Mandal, Warangal District. 10 Togaru Komraiah S/o.Mallaiah R/o. Plot.No.53, Survey No.691, Alamkhanipeta Village, Nekkonda Mandal, Warangal District. 11 Tarala Ilaiah S/o.Ilaiah R/o. Plot.No.25, Survey No.691, Alamkhanipeta Village, Nekkonda Mandal, Warangal District. 12 Guntuka Agaiah S/o.Narsaiah R/o. Plot.No.19, Survey No.691, Alamkhanipeta Village, Nekkonda Mandal, Warangal District. 13 Nadduri Narsaiah S/o.Kottaiah R/o. Plot.No.41, Survey No.691, Alamkhanipeta Village, Nekkonda Mandal, Warangal District. 14 Kola Sayulu S/o.Kondaiah R/o. Plot.No.32, Survey No.691, Alamkhanipeta Village, Nekkonda Mandal, Warangal District. 15 Guntuka Venkateswarlu S/o.Ramaiah R/o. Plot.No.57, Survey No.691, Alamkhanipeta Village, Nekkonda Mandal, Warangal District. 16 Mekala Ramchandaraiah S/o.Bondaiah R/o. Plot.No.54, Survey No.691, Alamkhanipeta Village, Nekkonda Mandal, Warangal District. 17 Guntuka Mallaiah S/o.Kanakaiah R/o. Plot.No.64, Survey No.691, Alamkhanipeta Village, Nekkonda Mandal, Warangal District. 18 Madasu Laxminarayana S/o.Nagaiah R/o. Plot.No.2, Survey No.691, Alamkhanipeta Village, Nekkonda Mandal, Warangal District. 19 Makala Komraiah S/o.Mallaiah R/o. Plot.No.20, Survey No.691, Alamkhanipeta Village, Nekkonda Mandal, Warangal District. 20 Vaddepalli Simhadri S/o.Ramaiah R/o. Plot.No.5, Survey No.691, Alamkhanipeta Village, Nekkonda Mandal, Warangal District. 21 Mekala Somakka Late Ramulu R/o. Plot.No.12, Survey No.691, Alamkhanipeta Village, Nekkonda Mandal, Warangal District. 22 Bhupati Narsamma S/o.Veeraiah R/o. Plot.No.46, Survey No.691, Alamkhanipeta Village, Nekkonda Mandal, Warangal District. 23 Bosetti Narayana S/o.Narsaiah R/o. Plot.No.39, Survey No.691, Alamkhanipeta Village, Nekkonda Mandal, Warangal District. 24 Gadaraboina Venkatamma W/o.Ramulu R/o. Plot.No.47, Survey No.691, Alamkhanipeta Village, Nekkonda Mandal, Warangal District. 25 Vaddepalli Simhanandu S/o.Ramaiah R/o. Plot.No.6, Survey No.691, Alamkhanipeta Village, Nekkonda Mandal, Warangal District. 26 Samudrala Sayulu S/o.Venkaiah R/o. Plot.No.50, Survey No.691, Alamkhanipeta Village, Nekkonda Mandal, Warangal District. 27 Pasunuti Latchaiah S/o.Veeraiah R/o. Plot.No.44, Survey No.691, Alamkhanipeta Village, Nekkonda Mandal, Warangal District. 28 Naraboina Somakka W/o.Muttaiah R/o. Plot.No.56, Survey No.691, Alamkhanipeta Village, Nekkonda Mandal, Warangal District. 29 Ragiru Somaiah S/o.Ramulu R/o. Plot.No.9, Survey No.691, Alamkhanipeta Village, Nekkonda Mandal, Warangal District. 30 Talla Nagabhushanam S/o.Sattaiah R/o. Plot.No.30, Survey No.691, Alamkhanipeta Village, Nekkonda Mandal, Warangal District. 31 Bhupathi Venkatanarsu S/o.Venkaiah R/o. Plot.No.36, Survey No.691, Alamkhanipeta Village, Nekkonda Mandal, Warangal District. 32 Vaddepalli Sivaji S/o.Ramaiah R/o. Plot.No.61, Survey No.691, Alamkhanipeta Village, Nekkonda Mandal, Warangal District. 33 Yemisetti Venkateswarly S/o.Narayana R/o. Plot.No.51, Survey No.691, Alamkhanipeta Village, Nekkonda Mandal, Warangal District. 34 Bosetti Rangaiah S/o.Pitchaiah R/o. Plot.No.48, Survey No.691, Alamkhanipeta Village, Nekkonda Mandal, Warangal District. 35 Mogili Muttaiah S/o.Sayulu R/o. Plot.No.18, Survey No.691, Alamkhanipeta Village, Nekkonda Mandal, Warangal District. 36 Guntuku Kanakaiah S/o.Ramchandraiah R/o. Plot.No.26, Survey No.691, Alamkhanipeta Village, Nekkonda Mandal, Warangal District. 37 Korukonda Bhadraiah S/o.Sayulu R/o. Plot.No.31, Survey No.691, Alamkhanipeta Village, Nekkonda Mandal, Warangal District. 38 Peraboina Sambamurthy S/o.Abbaiah R/o. Plot.No.16, Survey No.691, Alamkhanipeta Village, Nekkonda Mandal, Warangal District. 39 Mekala Chinnamallaiah S/o.Bondaiah R/o. Plot.No.21, Survey No.691, Alamkhanipeta Village, Nekkonda Mandal, Warangal District. 40 Nakkala Venkataiah S/o.Mallaiah R/o. Plot.No.34, Survey No.691, Alamkhanipeta Village, Nekkonda Mandal, Warangal District. 41 Peraboina Yellamma W/o.Abbaiah R/o. Plot.No.22, Survey No.691, Alamkhanipeta Village, Nekkonda Mandal, Warangal District. .... PETITIONERS AND 1 The District Collector, Warangal 2 The Mandal Revenue Officer, Nekkonda Mandal, Warangal District. 3 The Revenue Divisional Officer, Mehabubabad, Warangal District. .....RESPONDENTS 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 issue an appropriate writ, order or direction especially in the nature of Writ of Mandamus declaring the action of the respondent in attempting to demolish the huts of the petitioners located in Sy No.691, Alamkhanipeta Village, Nekkonda Mandal, Warangal District as arbitrary, illegal and void consequently direct the respondents to conduct survey and demarcate the plots without disturbing the huts of the petitioners who were assigned with the house sites by patta certificates dt.20/10/1987. Counsel for the Petitioners: MR.S.BHARAT KUMAR Counsel for the Respondents: GP FOR REVENUE The Court made the following : O R D E R: The grievance of the 41 petitioners in this case, as demonstrated by the aﬃdavit ﬁled in support of the Writ Petition, is that in spite of their having been given house site pattas on 20.10.1987 over individual extents of ﬁve cents each in Survey No.691 of Alamkhanipeta Village, Nekkonda Mandal, Warangal District by the Mandal Revenue Oﬃcer, Nekkonda Mandal, the second respondent herein, no steps were taken by the authorities to prepare a layout and demarcate the individual plots allotted to them. It is stated that the petitioners, being shelterless, erected huts in the land in Survey No.691 of Alamkhanipeta Village, Nekkonda Mandal and have been living there for about two years prior to the institution of the Writ Petition. The further grievance of the petitioners is that, succumbing to political pressure, the Mandal Revenue Oﬃcer, Nekkonda Mandal, Warangal District and the Revenue Divisional Oﬃcer, Mehabubabad, Warangal District, the second and third respondents herein, attempted to remove the huts of the petitioners on 29.10.2000, which was successfully resisted by the petitioners. They approached this Court by way of the present Writ Petition apprehending that the respondent authorities would evict them from the land in Survey No.691 of Alamkhanipeta Village, Nekkonda Mandal, Warangal District and demolish their dwellings. The prayer in the Writ Petition is for a declaration condemning the action of the respondent authorities in attempting to demolish the huts of the petitioners and for a consequential direction to the authorities to conduct a survey and demarcate the plots without disturbing the existing huts, thereby giving due and proper eﬀect to the house site pattas granted to the petitioners on 20.10.1987. The District Collector, Warangal District ﬁled a counter-aﬃdavit admitting that house site pattas were issued by the Mandal Revenue Oﬃcer, Nekkonda Mandal on 20.10.1987 in favour of the petitioners. It is also conceded that no layout was prepared for demarcating the individual plots assigned under the said house site pattas. However, the District Collector, Warnagal District, denied that the petitioners had constructed huts in the land in Survey No.691 of Alamkhanipeta Village, Nekkonda Mandal, Warangal District and that they had been living there for two years prior to the ﬁling of the Writ Petition. He also denied that any attempts were made to remove the petitioners or their huts from the said land. It is stated that a Grama Sabha was conducted in the Village on 21.01.2001 and 25.01.2001 and it was resolved that out of 61 beneﬁciaries selected in the year 1987, ﬁve were ineligible for assignment as they had been allotted house sites under the Rural Pucca Houses Scheme at Alamkhanipeta Village, Nekkonda Mandal, Warangal District. Except for the ﬁve, the remaining beneﬁciaries were allotted plots along with newly identiﬁed beneﬁciaries by drawal of lots and thereby a list of 170 beneﬁciaries was prepared. Out of the 41 petitioners herein, 36 petitioners were found to be eligible and were allotted plots in the drawal of lots conducted during the said Grama Sabha. However, petitioners 1, 12,13, 20 and 25 are identiﬁed as the ﬁve beneﬁciaries of 1987, who were ineligible for allotment as they had already beneﬁted under other schemes such as the Rural Pucca Houses Scheme. This, in sum and substance, is the stand of the respondents. After hearing the learned counsel appearing for the parties, the writ petition is disposed of as hereunder. It is an admitted fact that all the 41 petitioners were granted patta certiﬁcates in the year 1987 and the District Collector, Warangal does not state that any of the said certiﬁcates have been cancelled. The cause in this Writ Petition survives only to the extent of the ﬁve petitioners who are held ineligible. It is not the case of the respondents that any steps were taken or initiated for canceling the assignment made in their favour in the year 1987. Insofar as these ﬁve petitioners are concerned, it is their case that they are still continuing to reside in the land in Survey No.691 of Alamkhanipeta Village, Nekkonda Mandal, Warangal District pursuant to the certiﬁcates issued to them in the year 1987. It is denied by the learned counsel for the petitioners that these ﬁve petitioners have beneﬁted under any other scheme. Be that as it may, it is for the respondent authorities to follow the procedure laid down by law in the event they intend to proceed against the ﬁve petitioners viz., petitioners 1,12,13,20 and 25 insofar as cancellation of their house site pattas are concerned or their alleged occupation over the land in Survey No.691 of Alamkhanipeta Village, Nekkonda Mandal, Warangal District is concerned. In this process, it would be necessary for the respondent authorities to give an opportunity to these ﬁve petitioners to put forth their case, if any, and only thereafter take a decision. The respondents are bound to follow the procedure laid down by law for initiating any action against these ﬁve petitioners, be it in respect of the cancellation of the house site patta certiﬁcates issued to them or demolition of any constructions allegedly made by them in the land in Survey No.691 of Alamkhanipeta Village, Nekkonda Mandal, Warangal District. The Writ Petition is disposed of with the above directions. There shall be no order as to costs. ________________________ P.V.SANJAY KUMAR, J Date: 21.10.2008 va