THE HON’BLE SRI JUSTICE V.V.S. RAO WRIT PETITION No.10376 of 2002 15.10.2009 Between: The Weaker Sections Huts Welfare Society Represented by its President, Smt.Kamalamma And another … Petitioners and Government of Andhra Pradesh, represented by its Principal Secretary, rEvenue Department And others … Respondents THE HON’BLE SRI JUSTICE V.V.S. RAO WRIT PETITION No.10376 of 2002 ORDER: The Weaker Sections Huts Welfare Society and its President filed instant writ petition seeking writ of Mandamus declaring action of respondents in interfering with possession of petitioners by demolishing structures in respect of land bearing survey No.57 (Part) situated at Shamshaguda village of Balanagar Mandal in Ranga Reddy District, as illegal and arbitrary, and for consequential direction to respondents not to interfere with possession or demolish structures of petitioners. First petitioner society is registered under the Andhra Pradesh Cooperative Societies Act, 1964. For the benefit of its members, first petitioner approached first respondent in 1993 for construction of pucca houses. An extent of Acs.4.20 guntas in survey No.57 (Part) was allotted for the said purpose. Patta certificate was issued to first petitioner on 08.8.2000. Petitioner society developed land and laid out 171 plots after obtaining necessary permission from Hyderabad Urban Development Authority (HUDA) vide permit No.6286/99. Some of the members raised construction. On 23.5.2002 it is alleged that fourth respondent along with his staff visited the area and started demolishing some structures without issuing notice to petitioners or individual members. Therefore, present writ petition is filed. Though the writ petition was admitted on 12.6.2002, respondents have not filed counter affidavit. Along with writ petition, petitioners have enclosed a list of beneficiaries identified by socio-economic survey. Memo bearing No.B/1694/93, dated 14.10.2000 of the Mandal Revenue Officer (MRO) issued to Mandal Surveyor, Balanagar, would show that pattas to 171 houses in survey No.57 were distributed to beneficiaries. There is yet another memo of even number dated 11.7.2000 whereunder the Secretary of petitioner society was requested to furnish photos and affidavits of beneficiaries for distribution of pattas. From this evidence, prima facie, this Court is convinced that the land was assigned to beneficiaries. If they are in possession of the land by raising construction, they cannot be dispossessed or their structures cannot be demolished without due process of law. The writ petition, with the above observations, is accordingly disposed of. There shall be no order as to costs. ________________ (V.V.S.RAO,J) October 15, 2009 YS