IN THE HIGH COURT OF JUDICATURE OF ANDHRAPRADESH AT HYDERABAD HONOURABLE SRI JUSTICE GODA RAGHURAM & HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU WRIT APPEAL No.558 of 2010 Date: 13.09.2010 Between: Palavalasa Mahalakshmi and 5 others. …..Appellants And: The Tahsildar, Chinagadili Mandal, Visakhapatnam Rural and another. …..Respondents. HONOURABLE SRI JUSTICE GODA RAGHURAM & HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU WRIT APPEAL No.558 of 2010 JUDGMENT:(PER HON’BLE SRI JUSTICE GODA RAGHURAM) 1. This Appeal is directed against the order dated 26.04.2010 rejecting the writ petition. The appellants filed the writ petition for declaration that the proceeding dated 20.01.2009 of the Tahasildar, Chinagadhili, Visakhapatnam rural is illegal; for consequent direction to the respondents to reconsider their representations dated 02.04.2008, 08.08.2008,11.12.2008 and 14.11.2008; and to provide them alternative house sites at the foot of the hill in Survey No.27 of Siva Sakthi Nagar, Madhurawada, Visakhapatnam rural. 2. The petitioners claim to be encroachers of the hill poramboke in Survey No.27, Siva Sakthi Nagar and to have raised hutments along with several other encroachers. The land was allotted to an I.T. company. The Government proposed to provide to provide alternative house sites at the foot of the hill in the same survey number to all the encroachers. Other encroachers are asserted to have been given alternative sites but not the petitioners. As they had no information in this regard, the petitioners applied to the Tahasildar under the Right to Information Act, 2005 for information as to allotment of alternative house sites. By the order dated 20.01.2009, the Tahasildar informed that the petitioners are not eligible for reallocation of the house sites because they are not residing in the land which is now allotted to the I.T company. Along with his order dated 20.01.2009, the Tahasildar is asserted to have appended a statement showing that the applications by six persons pertaining to Survey No.27 of Siv Shakti Nagar, Madhurawada village are not eligible for reallocation of house sites because they were not residing there. 2. Complaining that their names are reflected neither in the list of eligible persons or ineligible persons in the statement accompanying the proceedings dated 20.01.2009, the petitioners have filed the writ petition seeking the relief already adverted to. 3. As is apparent, the substantive grievance of the petitioners appears to be the non-consideration by the respondents (who are also the respondents in the W.P) of their representations including for allotment of alternative house sites. It is not the case of the petitioners that alternative house site should be allotted from out of the property of Tahasildar or the Joint Collector, who alone are arrayed as respondents herein and in the W.P. The State is however, is not impleaded as party in the writ petition. The manner in which the State should be arrayed as respondent and relief be claimed against it as sufficiently and ambiguously stated in Article 300 of the Constitution and Section 79 of the Code of Civil Procedure, 1908. The appellants failed to implead the State, which is proper and necessary party as a respondent in the writ petition. In the circumstances, this writ appeal preferred against the order dated 26.04.2010 is dismissed as W.P.No.9519 of 2010 itself does not merit consideration and no relief could be granted in the writ petition, for failing to implead the necessary party. 4. The learned Counsel for the appellant Sri Satyanarayana urges that the petitioner may be permitted to withdraw the writ petition with a liberty to file a fresh writ petition by duly impleading the State as a respondent therein. 5. In the facts and circumstances stated, the writ petition is dismissed as withdrawn with liberty granted to the petitioners to file a fresh writ petition, according to law. The judgment under appeal dated 26.04.2010 dismissing the writ petition is set aside in the above circumstances. No order as to costs. ______________________ GODA RAGHURAM, J ___________________________________ SAMUDRALA GOVINDARAJULU, J September 13, 2010 KSH/GK HONOURABLE SRI JUSTICE GODA RAGHURAM & HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU WRIT APPEAL No.558 of 2010 September 13, 2010 KSH/GK