IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 26928 of 2007 Between: The Chandra Colony Residents Welfare Association, Chandra Colony, Madanapally, Chittoor District, Rep by its Secretary, N. Seetham Reddy, S/o. Chinna Subbi Reddy, aged about 37 years, R/o. Chandra Colony, Madanapally, Chittoor District. ..... PETITIONER AND 1 The Govt. of A.P. Rep by the Principal Secretary (Revenue) Secretariat, Hyderabad. 2 The District Collector, Chittoor District, Chittoor. 3 The Revenue Divisional Officer, Madanapally, Chittoor District. 4 The Mandal Revenue Officer, Madanapally Mandal, Madanapally, Chittoor District. .....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 particularly one in the nature of writ of Mandamus declaring the action of the respondents in demolishing the houses of the members of the petitioner is in violation of principles of natural justice, illegal and arbitrary and further direct the respondents to consider the case of the members of the petitioner to grant house site pattas in respect of the houses in an extent of Ac. 3-62 in Sy.No. 533/1C and 533/2A of B.K. Pally Village of Madanapally Town and Municipality and pass Counsel for the Petitioner:MR.A.BHASKARA CHARY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO.26928 OF 2007 ORAL ORDER: The petitioner-association states that their members are landless poor and have constructed houses on the Government poramboke land admeasuring AC.3.62 cents in Survey No.533/C1 and 533/2A of B.K.Pally Village, Madanapally Town and Municipality as it was lying waste by taking loans from private persons. It is their further case that having recognized their occupation, the Government granted ration cards to them, house numbers were allotted to their houses, electricity connections were also provided to them and even their names were included in the voters’ list in Ward No.1 of Madanapally Municipality by mentioning their house numbers. While so, on 04.01.2006 when the third respondent-Revenue Divisional Officer tried to demolish their houses, some of the members of the petitioner-association instituted a suit O.S. No.6 of 2006 on the file of the Senior Civil Jude, Madanapally, seeking permanent injunction against respondent Nos.2 to 4 herein in which status quo order was granted on 06.01.2006 and the said suit is still pending. While the things stand thus, again on 08.12.2007 the third and fourth respondents, namely, Revenue Divisional Officer, Madanapally and Mandal Revenue Officer, Mandanapally Mandal, respectively, along with their subordinates started demolishing the houses of the members of the petitioner- association but the petitioners are residing there by erecting tents and huts. The grievance of the petitioners in this writ petition is that respondent Nos.2 to 4 herein are trying to remove the members of the petitioner-association from out of the land in question and erect fencing around the. Hence, the petitioner-association filed the present writ petition. A detailed counter is filed by the third respondent-Tahsildar inter alia stating that since the members of the petitioner-association encroached the valuable Government land in question and sold the same to the third parties by converting it into house sites, the respondents have taken steps to evict them from the land in question, except four to six houses, which are covered by civil cases in the local courts. As can be seen from the averments made in the affidavit filed in support of the writ petition as well as the detailed counter affidavit filed by the third respondent-Tahsildar, it is obvious that already some of the members of petitioner-association have instituted a suit in O.S.No.6 of 2006 on the file of the Senior Civil Jude, Madanapally, seeking permanent injunction against respondent Nos.2 to 4 herein and obtained status quo orders and the said suit is still pending. Since some of the members of the petitioner-association, who are not parties in the said suit, encroached the valuable Government land in question, the respondents have taken steps to remove them and protect the land from encroachment and this Court in exercise of its jurisdiction under Article 226 of the Constitution of India cannot permit the members of the petitioner- association to claim right over the valuable Government land in question much less by making encroachment. Hence, I find no reason to interfere with the action initiated by the respondents against the members of the petitioner-association. The writ petition is devoid of merit and the same is accordingly dismissed. No costs. ______________ N.V.RAMANA, J. Date: 08.07.2008 VGSR