THE HON’BLE SRI JUSTICE N.V. RAMANA W.P. No.2864 of 2006 and Suo Motu Contempt Case No.932 of 2010 Common order: The present writ petition is filed seeking a writ of Mandamus declaring the action of the respondents in proposing to evict the petitioners from the respective lands held by them in Sy.No.2311 of Nandyal Village, Kurnool District, for the purpose of selling the same to third parties at higher rates, as illegal and arbitrary and also contrary to the judgment of this Court, dated 24.12.1998, and consequently direct the respondent to allow the petitioners to purchase the plots held by them at a reasonable price. Petitioners claim to have purchased small extents of lands covered by Sy.No.2311 of Nandyal Village, Kurnool District, from one M. Narsimhulu, under registered sale deeds, in the year 1968. They state that, after purchase of the said lands, when the 3rd respondent Municipality was preparing a layout in respect of the said lands, they came to know that the subject lands, even before their purchasing the same, were subjected to acquisition by the Government, at the instance of the 3rd respondent Municipality, along with some other lands, for the purpose of providing house sites to public under Integrated Development of Small and Medium Towns Scheme, and award was also passed in favour of the claimants, and that their vendor, suppressing the acquisition proceedings, sold the subject lands to them. The petitioners further state that some other purchasers, who have also purchased the acquired land without having the knowledge of acquisition proceedings, filed a writ petition in W.P.No.745 of 1998 before this Court, seeking a direction to the respondents to sell the lands to them instead of outsiders. This Court disposed of the said writ petition on 24.12.1998, directing the respondents to consider the claims of the petitioners therein also, who are willing to pay reasonable prices, keeping in view of the fact that without knowing the acquisition proceedings, they paid substantial amount to the land owner and till a final decision is taken by the Municipality to dispose of the plots, the petitioners therein shall not be disturbed. The petitioners herein state that they, being similarly placed as that of the petitioners in the said W.P.No.745 of 1998, are also entitled for the same relief and they have also submitted a representation dated 21.11.1999 to the respondents in that regard, but the respondents, without considering the same, are threatening to dispossess them from the subject lands, with a view to sell the lands to third parties, at higher rates, which is arbitrary, illegal and contrary to the judgment of this Court in W.P.No.745 of 1998. Hence, they filed the present writ petition seeking the relief as stated supra. During the pendency of the writ petition, one Anapati Kondamma and Chakali Subbamma filed implead application in W.P.M.P.No.10232 of 2007, stating that they are similarly placed as that of the petitioners and prayed to permit them to come on record as petitioners 11 and 12 and claim the relief as claimed by the petitioners. The said application is allowed today. However, it is made clear that this order, allowing the application of the implead petitioners, shall not be a binding precedent for similar persons to seek relief on par with the petitioners herein. Since no counter-affidavit was filed by the respondents, in spite of admitting the writ petition and passing interim orders, this Court initiated suo motu contempt proceedings in Contempt Case No.932 of 2010, against the respondents. Pursuant thereto, the 3rd respondent filed counter-affidavit in the writ petition, admitting the acquisition of land to a total extent of Ac.94.24 cents situated at Nandyal and Noonepalli Villages of Nandyal Mandal, Kurnool District. It is, however, stated that some of the land acquired was allotted to Andhra Pradesh Housing Board, All India Radio and Door Darshan, and the Municipality has not sold any land including the subject lands under the Scheme. However, since nothing is mentioned in the counter-affidavit of the 3rd respondent, as to the action taken pursuant to the orders of this Court in W.P.No.745 of 1998, this Court orally directed the 3rd respondent to file an additional affidavit. Accordingly, today, the 3rd respondent filed additional affidavit, stating that out of the acquired land of Ac.94.24 cents, an extent of Ac.14.71 is only vacant as of now and free from encroachments and the same was allotted to Andhra Pradesh Rajiv Swagruha Corporation Limited, vide G.O.Ms.No.727 Municipal Administration Urban Development (J) Department dated 22.12.2009. It is further stated that the petitioners in W.P.No.745 of 1998, pursuant to the orders passed by this Court in the said writ petition, have not submitted any applications or claim petitions and that no house sites were provided to anyone under Integrated Development of Small and Medium Towns Scheme and the said Scheme is thus not implemented. It is also further stated that, if the petitioners herein are willing to file their claim applications for allotment of houses constructed under Rajiv Swagruha Scheme, their cases will be considered in accordance with the terms and conditions of the said scheme. In view of the said stand taken by the 3rd respondent in the additional affidavit, the learned counsel for the petitioners submits that the petitioners will file applications before the Manager concerned of A.P. Rajiv Swagruha Corporation Limited, for allotment of houses under Rajiv Swagruha Scheme, and necessary directions may be issued for consideration of those applications, for which the learned Standing Counsel appearing for the 3rd respondent expressed no objection. In view of the above and in the facts and circumstances of the case, the writ petition is disposed of, directing the petitioners to file applications before the Manager concerned of A.P. Rajiv Swagruha Corporation Limited, seeking allotment of houses constructed under the Rajiv Swagruha Scheme and, on such applications being filed, the same shall be considered and appropriate orders passed as expeditiously as possible. There shall be no order as to costs. However, since nothing moved in the matter pursuant to the orders of this Court dated 24.12.1988 in W.P.No.745 of 1998, the District Collector, Kurnool, is directed to enquire into the matter and take necessary action against the concerned officials who are responsible to act upon the orders of this Court. So far as the suo motu contempt proceedings initiated by this Court against the respondents are concerned, taking into consideration the unconditional apology tendered by them, this Court is inclined to take a lenient view and drop the further proceedings. Accordingly, the suo motu contempt proceedings are hereby closed. __________________ JUSTICE N.V. RAMANA 12th August, 2010 IBL