Harijana Sivappa, v. The District Collector,

THE HON'BLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.2264 of 2007 O R D E R:

This writ petition is filed by the petitioner to issue a writ of mandamus declaring the action of the respondents in acquiring the land in Sy.No.76 of Shaikshanapalli Village, Uravakonda Mandal, Anantapur district for allotment to the beneficiaries under Indiramma village scheme as illegal and invalid and consequently, to direct the respondents to select a place as per the guidelines issued in G.O.Ms.No.92, Social Welfare (LA) Department dated 29.12.2004. By G.O.Ms.No.92 dated 29.12.2004, the Government intended to construct houses to the people belonging to Weaker Sections as a welfare measure, for the purpose of which, the land in Sy.No.76 was proposed to be acquired for the said purpose.

The main grievance of the petitioners herein is that even though more suitable lands are available adjacent to the main road of the village which is also suitable for good living condition, the respondents proposed to acquire the land in question, which is far away from the village and the reason for choosing the said land is that the owner of the said land belongs to a particular political party. In the counter affidavit filed by the respondents it is averred that the land was already acquired and the purpose for which the land acquired is also fulfilled and the house-site pattas were also distributed to the beneficiaries. The learned Government Pleader appearing for the respondents also asserted the said fact.

In view of the above, the cause in the writ petition dose not survive and the writ petition is accordingly dismissed as infructuous. However, if there is any further acquisition, the petitioners are at liberty to give fresh representation to the Government for acquiring the land nearby the village, if they are so advised. No costs.

Consequently, the miscellaneous petitions, if any shall also stand disposed

of.

___________________ RAJA ELANGO, J.

Date.17.03.2015