IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.27869 of 2008 Between: 1 Mopidevi Venkataratnam W/o.Subba Rao R/o.Pamulaparru Village, Undi Mandal, West Godavari District. 2 Vorre Narsaiah S/oNarayana Murthy R/o.Pamulaparru Village, Undi Mandal, West Godavari District. ..... PETITIONERS AND 1 The District Collector, West Godavari District, Eluru. 2 The Sub-Collector, Narsapur, West Godavari District. 3 The Tahsildar, Undi Mandal, West Godavari 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 particularly one in the nature of the Writ of Mandamus declaring the action of the respondents in providing the house sites in the "Padudoddu Puntha" in R.S.No.65/4 and 66/4 adjacent to the lands of the ryots without providing any alternative way to Petitioner's lands, men, cattle and vehicles as arbitrary, illegal and unconstitutional, violative of principles of natural justice and violation of statutory provisions U/Sec. 25 of the Limitation Act, 1963 and pass such other order or orders. Counsel for the Petitioners:SRI RAMA MOHAN PALANKI Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.27869 of 2008 ORDER: Two petitioners are residents of Pamulaparru Village of Undi Mandal in West Godavari District. First petitioner has lands in R.S.No.66/3 (Ac.1.00), and second petitioner has lands in R.S.Nos.63, 65/3 and 66/3 (Acs.2.81). Alleging that respondents are preparing proposals for issue of pattas to landless poor persons for the land comprised in survey Nos.65/4 and 66/4, which is classified as ‘Padudoddu Puntha’ admeasuring Ac.1.63, they filed the instant writ petition. They seek a mandamus declaring the action of respondents is assigning the house site pattas of the land forming part of puntha as illegal and arbitrary. After hearing learned Counsel for the petitioners and learned Assistant Government Pleader for Revenue (General-A), this Court is convinced that writ petition is filed without enclosing any evidence as to whether the land in R.S.Nos.65/4 and 66/4 is puntha land. Be that as it is, if the land is communal land or classified as rastha or puntha or passage, the same cannot be assigned for any purpose, unless the land is reclassified. If the land in R.S.Nos.65/4 and 66/4 of Pamulaparru Village is puntha land, as alleged by the petitioners, respondents may reconsider the proposals, if any, for assigning the same as house sites. The Writ Petition, with the above observations, is dismissed accordingly. No costs. _____________ (V.V.S.RAO, J) 23.12.2008 vs To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KURR}