Raju Venkamma v. State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.41058 OF 2016 ORDER:

The case of the petitioners is that they are houseless poor persons and eligible for house sites under the provisions of the Board Standing Order and that the Tahasildar, taking the same into consideration, issued house site pattas in favour of the petitioners on 01.10.2008 assigning an extent of Ac.0.02 cents and 0.02 1⁄2 cents in favour of petitioners. The Government has initiated proceedings for acquisition of land for providing house sites to weaker section people under second phase, Indiramma Programme in the year 2007 and an extent of Ac.2.86 cents of land in Sy.No.130/A1 and 134 to 136 with sub-divisions was acquired. After the land was acquired, house site pattas were given to the petitioners.

It is also stated that for the purpose of leveling the sites, the Deputy Executive Engineer called for tenders and the work was awarded to the Convener, Habitation Works Committee, East Gogullapally Village, Alur Mandal on nomination basis and that though the proceedings are issued in the year 2009, the funds are not released by the Department nor the person in whose favour the nomination is given has entered into agreement. Because of the failure on the part of the department in leveling the land, the petitioners to whom pattas have been granted, could not construct the houses. Meanwhile, the respondents are trying to allot the said house sites to third parties. Aggrieved by the same, present writ petition is filed.

Heard learned counsel for the petitioners.

Learned Assistant Government Pleader for Revenue produced written instructions dated 03.12.2016 addressed by the 4th respondent to the Government Pleader and submits that there is no proposal to allot the sites to the third parties and that the petitioners were asked to produce pattas granted to them only for verification. The 4th respondent also stated in the written instructions that on verification if it is found that some ineligible persons were granted house sites, then only action will be initiated for resumption.

It is to be seen that since in the written instructions, it is submitted that petitioner was asked to submit pattas only for verification, it is for the petitioners to submit the same. In view of the same, the writ petition is disposed of directing the respondents to follow due procedure of law before taking any action against the lands assigned to the petitioners. No order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed.

____________________________ A.RAJASHEKER REDDY, J 17.01.2017 t k.