IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIFTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No : 10073 of 2001 Between: 1 Gandreti Ugadi S/o Ramudu, R/o D.No.49-52-1/2, Rasavanipalem Village, Visakhapatnam. 2 Palavalasa Suramma W/o Lachaiah, R/o D.No.49-52-1/2, Rasavanipalem Village, Visakhapatnam. 3 Vampalapu Ramu S/o V. Ramudu, R/o D.No.49-52-1/2, Santhipuram, Rasavanipalem Village, Visakhapatnam. 4 Gandreti Lakshmi W/o Late Rambabu, R/o D.No.49-52-1/2, Santhipuram, Rasavanipalem Village, Visakhapatnam. ..... PETITIONERS AND 1 The District Collector, Visakhapatnam District. 2 The Revenue Divisional Officer, Visakhapatnam. 3 The Mandal Revenue Officer, Visakhapatnam Urban, Visakhapatnam. .....RESPONDENTS. Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondents in not issuing Pattas to the Petitioners’ land in S.No.21 and 34 of Rasavanipalem Village, Visakhapatnam as was issued in the case of Satyanarayana and Anasuya is highly illegal, arbitrary and unjustified with a direction to the Respondents to issue pattas or Regularisation order to the petitioners’ land in S.No.21 and 34 of Rasavanipalem Village, Visakhapatnam forthwith. Counsel for the Petitioner : MR.M.V.S.SAI KUMAR Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.10073 of 2001 ORDER: The petitioners in this Writ Petition seek a direction to the respondents for grant of pattas in R.S.No.21 and 34 of Rasavanipalem village, Visakhapatnam. It is alleged that the petitioners are in possession as they have constructed huts in an extent of 75 square yards each and are living there and the Municipal Corporation has assigned Door bearing No.49-52-1/2 and therefore, they are claiming the benefit under the scheme formulated under G.O.Ms.No.508 dated 20-11-1995. I have heard the learned counsel for the petitioners and the learned Government Pleader. The petitioners are admittedly encroachers of the land in question belonging to the Government and they have filed appropriate applications for regularization of their encroachments under the scheme of G.O.Ms.No.508 dated 20-11-1995. While admitting the writ petition on 22.5.2001, interim stay of dispossession of the petitioners was granted. The said order is continued to be in force. The learned counsel for the petitioners asserts that the petitioners are continuing to be in possession by paying taxes also to the Municipal Corporation, Visakhapatnam. It is further submitted by the learned counsel that under the latest G.O.Ms.No:166, Revenue (Assn. POT) Department dated 16- 2-2008, the petitioners have also submitted another application on 26-6-2008 and the same is pending consideration with the Government. That being the case, the question as to whether the petitioners are eligible for any benefit under the scheme formulated under the above latest G.O, is within the domain of the Government to consider the case of the petitioners and as such, no positive direction can be issued by this Court by invoking the jurisdiction of this Court under Article 226 of the Constitution of India. However, it is a fit case wherein the respondents can be directed to consider the application of the petitioners, dated 26.6.2008 said to have been submitted in pursuance of G.O.Ms.No: 166, in accordance with law and pass appropriate orders. Subject to the above direction, this writ petition is disposed of. ___________________________________ Justice VILAS V. AFZULPURKAR Dated 15th December, 2008. Note: Issue CC in one week. BO Dvs HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.10073 of 2001 Dated 15th December, 2008.