THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.9078 of 2010 Dated:21.04.2010 Between: Kosuri Laxmi, And others. ...Petitioners And Government of Andhra Pradesh, Rep.by its Chief Commissioner of Land Administration, Hyderabad, And others. ...Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.9078 of 2010 ORDER: The petitioners are residents of Katheru Village of Rajahmundry Mandal in East Godavari District. They made applications to the revenue authorities for grant of house site pattas. The petitioners’ case is that the land admeasuring Acs.13.42 cents in survey No.108 is defunct Syamalamba tank which has been in disuse for the last fifty years. They further assert that the second respondent accorded administrative sanction in proceedings dated 16.04.1999 to Irrigation Department to handover an extent of Acs.6.00 to Revenue Department for regularization of existing encroachers in accordance with the resolution passed by the Gram Panchayat. The shopping complex and High School have come up in the said land. Considering this the Sub Collector, Rajahmundry, sent proposals to the District Collector on 10.04.2002 for grant of house site pattas and for regularization of encroachers. When the same was not acted upon, the petitioners filed W.P.No.26679 of 2008. This Court passed orders on 15.12.2008 in the said writ petition directing the District Collector to consider the proposals sent by the Sub Collector. After considering the same, the second respondent, namely, District Collector, issued endorsement dated 06.05.2009 rejecting the house site pattas and directing to retain the balance of land in survey No.108 as Syamalamba tank (percolation tank). Aggrieved by the same, the present writ petition is filed. This Court heard the Counsel for the petitioners and the Assistant Government Pleader for Revenue (Andhra Area). A perusal of the impugned order as well as the affidavit of the first petitioner accompanying the writ petition would reveal that admittedly the land in survey No.108 is a percolation tank. Therefore, ordinarily the grant of pattas for the purpose of agriculture or house sites is prohibited. It may be true that an extent of Acs.6.00 forming part of the tank bed was declassified and was allotted to various purposes including house sites. The same does not confer any rights on the petitioners to claim house site pattas when District Collector after obtaining necessary instructions from the Chief Commissioner of Land Administration vide reference dated 12.07.2004 rejected the house site pattas as the land in survey No.108 is tank poramboke. The same does not in any manner violate any Board Standing Order of Andhra Pradesh Board of Revenue Standing Orders or provisions of any law. If so advised, the petitioners may make further representation to the Tahsildar for allotment of suitable land for house sites which is not a tank bed land. The writ petition with the above observations is accordingly dismissed. ____________ (V.V.S.RAO, J) 21.04.2010 vs