I N T H E H I G H C O U R T A N D H R A P R A D E S H A (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION Nos.330 and 492 of 2006 WRIT PETITION No.330 of 2006 1. P. Manjula, W/o. P. Mahesh and 68 others ..... Petitioners AND 1 The District Collector, Ranga Reddy District, Spoorthi Bhawan, Lakdikapul, Hyderabad and two others. .....Respondents Counsel for the Petitioners: MR.S. TULASIDAS Counsel for the Respondents: AGP FOR REVENUE (ASSIGNMENT) WRIT PETITION No.492 of 2006 1. Chinna Ammai W/o Balraju and 81 others ..... Petitioners AND 1 The District Collector, Ranga Reddy District, Spoorthi Bhawan, Lakdikapul, Hyderabad and two others. .....Respondents Counsel for the Petitioners: MR.S. TULASIDAS Counsel for the Respondents: AGP FOR REVENUE (ASSIGNMENT) The Court made the following : COMMON ORDER: These two writ petitions are filed by certain individuals, who claim to have been granted house site pattas in Survey No.58 of Fatullaguda Village, Uppal Mandal, Ranga Reddy District, to declare the alleged unlawful interference of the respondents with their possession and enjoyment of the respective plots, as illegal and arbitrary. These cases have a long history. Multiple rounds of litigation have been launched prior to the filing of these two writ petitions. For the purpose of disposal of these two writ petitions, it is not necessary to refer to all those writ petitions except two writ petitions namely W.P.No.14377 of 2001 and W.P.No.9998 of 2003. In the first mentioned writ petition, the Urban Huts and Slums Dweller Development Association (Registered) Twin Cities, represented by its General Secretary – Syed Ismail, the petitioner therein sought for a writ of mandamus to declare the inaction of the respondents in handing over the physical possession of the plots to the members of the petitioner-association in Survey No.58 of Fatullaguda Village, Uppal Mandal, Ranga Reddy District, as illegal and arbitrary. The learned Government Pleader for Assignments, on the basis of the instructions, reported to the Court that enquiry into the verification of the list submitted by the said association with reference to the listing of beneficiaries of house plots was undertaken and that it was found that the members of the petitioner-association were found to be entitled for grant of assignments. Having taken note of the said representation, this Court disposed of the said writ petition directing the respondents to complete the process of grant of assignment and issue pattas to all those beneficiaries, who are found to be eligible for such assignment and put them in possession. W.P.No.9998 of 2003 was filed by the same association for a writ of mandamus to direct the respondents to forbear from evicting the members of the society numbering 417 from the plots covered by their house site pattas. The said writ petition was disposed of by this Court on 23.12.2003. In the said order, the learned Judge referred to order dated 03.09.2001 passed in W.P.No.14377 of 2001 and the counter- affidavit filed by the respondents in C.C.No.970 of 2002, which was filed alleging disobedience of the order passed in the said writ petition, wherein it was stated that out of 417 beneficiaries, 101 beneficiaries were put in possession of the land and that the respondents are ready and willing to give possession if the members of the petitioner association come forward to take delivery of the land. The learned Judge also referred to W.P.No.4235 of 2002 filed by two other societies namely Navachaitanya Mahila Society and Prathibha Mahila Mandali in which Urban Huts and Slum Dwellers Development Association was impleaded as respondent No.5, wherein the following order was passed: “i) if the respondents and the Government intend to grant house site pattas in Sy.No.58 of Fathullaguda, the Joint Collector, Ranga Reddy District may issue notice to all the persons fond in the list enclosed to the writ petition (W.P.No.4235 of 2002) and enquire into their claims; ii) if the pattas granted to any of the members of the petitioner associations after enquiry are found to be genuine, they shall also be considered for grant of house site pattas; iii) insofar as the pattas granted to the members of the fifth respondent association is concerned, as directed by this Court in W.P.No.13477 of 2001, dated 03.09.2001, they shall be handed over possession after completing the enquiry as directed in clauses (i) and (ii) hereinabove. It shall be open to the fifth respondent to appear before the Joint Collector and take all pleas in opposition to the pattas granted in favour of the members of the petitioner associations; iv) the Joint Collector shall complete the exercise as directed herein above within a period of three months from today; and v) there shall be no order as to costs.” Having taken note of the orders passed in W.P.No.14377 of 2001 and W.P.No.4235 of 2002, the learned Judge disposed of W.P.No.9998 of 2008 with the following directions: “Admittedly, it was recorded in the order dated 28.01.2003 in W.P.No.898 of 2003 that all the members of the petitioner-association are not in possession, and in view of the same, this Court directed to handover the possession to the members of the petitioner-association, after completing the enquiry. In view of the same, after leaving (101) members, who were delivered possession, the remaining members, out of (417), if appears before the MRO along with patta certificates within a period of four weeks from today, the MRO shall make an enquiry into the same, after verifying the patta certificates. Further, the MRO is under obligation to implement the orders passed by this Court in W.P.No.14377 of 2001, as directed in W.P.No.4235 of 2002, after due intimation to the members of the petitioner-association. The writ petition is accordingly disposed of. No order as to costs.” In the present writ petitions, the petitioners, who are 69 and 82 in number respectively claim that they are part of 417 members of the above mentioned society, who were granted house site pattas and that despite the earlier orders passed by this Court, the respondents have been seeking to interfere with their peaceful possession of the plots in their respective occupation. Separate but identical counter-affidavits have been filed by the Mandal Revenue Officer, Uppal Mandal, Ranga Reddy District, wherein after tracing the long background of the litigation it is admitted that house site pattas were granted to the eligible persons. In the counter-affidavit filed in W.P.No.330 of 2006, it is averred in para 12 as under: “In reply to para 10, it is respectfully submitted that in view of the orders of this Hon’ble High Court in W.P.No.4235 of 2002 dated 25.03.2003 wherein the Hon’ble High Court have ordered for fresh enquiry into the genuinity of the patta holders for which the petitioners have not attended. As per the directions of the Hon’ble High Court in W.P.No.4235 of 2002 dated 25.03.2003, the enquiry with regard to the genuineness of the pattas granted to the members is going on. Out of 417 members 110 members have attended for enquiry. Out of 110 members 5 members have not produced their original pattas and found to be bogus. As such 105 members are found eligible for consideration of allotment of house sites. The association has not furnished any particulars of the remaining members to whom patta certificates were issued and they approached the Mandal Revenue Officer for enquiry. Out of 69 members who have filed this writ petition, 13 members only are eligible as per the enquiry conducted by this office. As such the remaining 56 members who have not attended the enquiry, hence not eligible for allotment of houses under “Rajiv Gruha Kalpa” or any of the schemes.” Similarly, in the counter-affidavit filed in W.P.No.492 of 2006 it is stated as follows: “As per the directions of the Hon’ble High Court in W.P.No.4235 of 2002 dated 25.03.2003, the enquiry with regard to the genuineness of the pattas granted to the members is going on. Out of 417 members 110 members have attended for enquiry. Out of 110 members 5 members have not produced their original pattas and found to be bogus. As such 105 members are found eligible for consideration of allotment of house sites. The Association has not furnished any particulars of the remaining members to whom patta certificates were issued and they have approached the Mandal Revenue Officer for enquiry. Out of 82 members who have filed this writ petition, 5 members only are eligible as per the enquiry conducted by this office. As such the remaining 77 members who have not attended the enquiry, hence not eligible for allotment of houses under “Rajiv Gruha Kalpa” or any of the schemes.” It is however stated further in the counter-affidavits that 13 and 5 persons, who are petitioners in these two writ petitions respectively were informed that they will be considered for allotment of houses in Rajiv Gruha Kalpa Scheme in view of the policy decision taken by the Government banning assignment of individual house sites in Hyderabad and Ranga Reddy Districts and to provide shelter to the houseless people in G+3 multistoried flats in the vicinity of Hyderabad and Ranga Reddy District. At the hearing, Sri S.Tulasidas, learned counsel for the petitioners fairly conceded to the stand taken by the respondents that 13 persons in W.P.No.330 of 2006 and 5 persons in W.P.No.492 of 2006 are holding genuine house site pattas. Therefore, the relief, if any, to be granted in these writ petitions shall be confined only to these 18 persons. Though the learned Assistant Government Pleader for Revenue (Assignment) submitted with reference to the stand taken in the counter-affidavits that in view of the latest policy of the Government imposing ban on the assignment of individual house plots, even these 18 persons are not entitled to be given house plots, I have not felt impressed by this contention. Admittedly, the orders passed in W.P.Nos.14377 of 2001, 4235 of 2002 and 9998 of 2003 have become final. As referred to earlier, directions, which are unequivocal in nature, were granted to the respondents to identify the genuine assignees and put them in possession. Therefore, on the purported ground of changed policy, the orders passed in the earlier writ petitions to which the respondents are parties cannot be given a goby. As categorically directed in W.P.No.9998 of 2003, the respondents are bound to implement the earlier orders passed by this Court in the above mentioned writ petitions. Therefore, I find no hesitation to hold that the 18 persons, who are identified as holding genuine house site pattas, are entitled to be in possession of the plots for which they were granted assignments. In view of the stand taken by the respondents that all the occupants of the plots were evicted, the respondents are directed to put the 18 persons along with the petitioners in these two writ petitions, who are identified as having genuine assignment pattas, in possession of their respective plots covered by the assignment pattas and they shall not interfere with their possession in future irrespective of the change of policies of the Government. The possession shall be delivered to the said persons within a period of four weeks from the date of receipt of a copy of this order. With the above observations and directions, these two writ petitions are disposed of. As a sequel to disposal of main petitions, interim orders, dated 28.07.2006 are vacated and W.P.M.P.No.10431 of 2006 in W.P.No.330 of 2006 and W.P.M.P.No.10433 of 2006 in W.P.No.492 of 2006 are dismissed. C.V.NAGARJUNA REDDY, J Date: 30.12.2008 va