IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIRST DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 12338 of 2002 Between: 1 Sheik Khader Basha, S/o Inam Sabheb R/o Chejerla (V) (M), Nellore District. 2 M.Madhu sudana S/o M.Krishna R/o Chejerla (V), (M), Nellore District. 3 Potturu Subba Ramaiah S/o Ramanaiah R/o Chejerla (V), (M)< Nellore District. ..... PETITIONERS AND 1 The District Collector, Nellore District. 2 The Divisional Panchayat Officer Nellore District. 3 The Executive Officer, (Panchayat Raj) Chejerla Gram Panchayat, Nellore District. 4 The Village Secretary, Chejerla Gram Panchayat, Chejerla (M), Nellore 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 a Writ order or direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the 2nd Respondent in issuing order L.D.I.S. 144/2002 B, dt:14-5-2002 as illegal arbitrary, high handed, violative of Principles of Natural Justice, and also violative of Art 14,19 & 21 of the Constitution of India and to consequentially direct the 1st Respondent to regularize and fix, the price for the land occupied by the petitioner's Shops Situated in Sy.No.305/1/1 of Chejerla Village and Mandal, Nellore District Counsel for the Petitioner: MR.VARDHINENI KRISHNAMOHAN Counsel for the Respondent No.: GP FOR REVENUE WRIT PETITION NO : 12898 of 2002 Between: 1 A.Masthaniah S/o. Ramaiah Chejerla Village, Chejerla Mandal, Nellore District. 2 D.Ravindra Babu S/o.Bala Ramaiah Chejerla village, Chejerla Mandal, Nellore district. 3 M.Pullaiah S/o. Narsaiah Chejerla village, Chejerla Mandal, Nellore District. ..... PETITIONERS AND 1 The District Collector, Nellore, Nellore District. 2 The Divisional Panchayat Officer, Nellore, Nellore District. 3 The Village Secretary, Chejerla Gram Panchayat & Mandal, Nellore 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 a Writ, Order or Direction more Particularly one in the nature of Writ of MANDAMUS declaring the action of the 2nd Respondent in issuing order L.D.I.S. 144/2002 B, Dt.14.5.2002 as illegal, arbitrary, high handed violative of principles of Natural Justice, and also violative of Art 14,19 & 21 of the Constitution of India and to consequentially direct the 1st Respondent to regulatize and fix the price for the land which is in occupation and enjoyment by the petitioner No.1 Shops Situated in Sy.No.305/1/1 of chejerla Village, & Mandal, Nellore District and to pass. Counsel for the Petitioner: MR.UNNAM.MURALIDHAR RAO Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION Nos. 12338 and 12898 of 2002 C O M M O N O R D E R: These two writ petitions, which are based on the same set of facts and filed with a common prayer are heard together and decided by this common order. The petitioners herein are in occupation of small extents of land situated in Chejerla village wherein they have been running petty business such as fancy stores and provisional shops etc,. It is claimed that the petitioners have purchased the said mulgies from one A.Masthanaiah, who was the ex-sarpanch of Chejerla village, under different agreements of sales on payment of the entire sale consideration. While so, on the basis of certain complaints received against the vendor of the petitioners, the Commissioner Panchayatraj and Rural Development after conducting an enquiry passed an order dated 29-09-2000 holding that the land in occupation of the petitioners was a Government land, classified as village site poramboke and therefore, the petitioners did not acquire any title in respect of the shops in their occupation on the strength of agreement of sales executed by the then Sarpanch. However, the Commissioner Panchayatraj directed the District Collector, Nellore to fix the market value of the encroached land and regularize the same as per the procedure prescribed. It is alleged by the petitioners that though all of them were willing to pay the market value in terms of the order of the Commissioner Panchayatraj and Revenue Department, even before such steps were taken, the Chejerla Grampanchayat issued an auction notice dated 14-05-2002 proposing to auction the leasehold rights in respect of the properties in question for a period of one year. Aggrieved by the said action of the Gram Panchayat, these two writ petitions are filed. This Court, while directing Rule nisi, ordered stay of auction pursuant to the impugned auction notice dated 14-05-2002. Despite notice, no counter affidavit is filed by the respondents and the petitioners continued in possession till today. When the matter is taken up for consideration, learned counsel for the petitioners has brought to the notice of the Court that during pendency of this writ petition, the Government issued G.O.Ms.No.166 dated 16-02-2008 deciding to assign the lands to the persons in occupation free of cost up to 80 square yards. It is further stated that all the petitioners herein are entitled for transfer of rights of the shops in their occupation free of cost as per G.O.Ms.No.166 dated 16-02-2008 and accordingly, they made applications in the format prescribed under G.O.Ms.No.166 dated 16-02-2008. Having regard to the subsequent events, it is for the Government to consider the request of the petitioners for transfer of rights in respect of the shops in their occupation as per G.O.Ms.No.166 dated 16-02- 2008. Accordingly, the writ petitions are disposed of with a direction to the first respondent to consider the request of the petitioners for transfer of the shops/mulgies in their occupation in terms of G.O.Ms.No.166 dated 16-02-2008 and pass appropriate orders in accordance with law. Till such time, status quo obtaining as on today as to the nature and possession of mulgies in question shall be maintained. No costs. ______________ G. ROHINI,J Date: 21-11-2008 KLP