Siviah Daily Wages Cooli Welfare Association, Guntur Distric v. The Govt Of A.P., Revenue Dept., And 3 Others

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.No.8538 OF 2006

ORDER

This writ petition is filed seeking to issue a Writ of Mandamus directing the respondents to allot house site pattas to the members of the petitioner's association in Sy.No.21 situated at Chinnaravuru Village, Tenali Municipality, Guntur District and sought further declaration that members of the petitioner's association are entitled for issuance of house site pattas in the said survey number.

Heard Sri P.V.Subrahmanya Sarma, learned counsel appearing for the petitioner and learned Government Pleader for Revenue appearing for the respondents. It is the case of the petitioner that the Association was registered under the Society Registration Act vide registration No.34/2006; that members of the petitioner's association are landless poor; that in 1984 a survey was conducted by the respondents for allotment of houses sites;

that the petitioner's association made representations on 18.7.96 and on 18.12.1998; that the

Mandal Revenue Officer, Tenali, vide proceedings dated 25.09.1999 stated that out of 465 plots only 165 plots were assigned to the landless poor as house sites and the turn of the other poor agricultural labourers will come in due course after identifying the poor and eligible landless persons. In W.P.No.26352 of 2005, this Court granted interim direction for allotment of house sites to the similarly situated persons. Hence, the present writ petition is filed seeking allotment of house site pattas to the members of the petitioner association.

Counter-affidavit has been filed on behalf of the respondents contending that out of 58 families, only 35 families were found eligible for allotment of house site plots and as such, house site plots were granted to those 35 eligible families and rest of the members of the association are not entitled for any allotment as they were not eligible.

House site pattas have to be granted to the agricultural labourers, who are landless poor and for verifying as to whether the agriculture labour is entitled or not, the respondents have to examine various factors

about the socio economic status of the eligible candidates. The petitioners have not stated the total number of members in whose favour the house site pattas have been allotted and more particularly the respondents in the counter-affidavit stated that out of 58 families only 35 families were found eligible for allotment of house site plots.

In view of the same, the Writ Petition lacks merits and the same is dismissed. No costs.

Miscellaneous petitions, if any, pending shall stand closed.

_____________________________________ JUSTICE ABHINAND KUMAR SHAVILI 9TH February, 2018 rkk