IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY, THE NINETH DAY OF SEPTEMBER TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No. 25283 of 2014 BETWEEN Paari Kumari and others AND ... PETITIONERS The State of Andhra Pradesh, Rep. by its Principal Secretary (Department of Revenue), A.P. Secretariat Building, Hyderabad and others.
...RESPONDENTS The Court made the following:
ORDER:
Heard.
2. Petitioners seek a writ of Mandamus against inaction of respondent Nos.2 to 4 in considering their representation, dated 27.01.2014, made for issuing house site pattas to them in survey Nos.247, 248 and 266 of Darsi Village and Mandal, Prakasam District. It is stated that they belong to SC, ST and BC Caste and no allotment has been made in favour of any of the weaker sections.
3. Learned Government Pleader, who has received instructions, states that the aforesaid lands are stated to be lands vested in the gram panchayat and, as such, the gram panchayat’s resolution for issuance of house sites is the basis for the claim made by the petitioners. However, the Panchayath authorities have stated to have replied in Rc.No.3/14, dated 27.01.2014, that the aforesaid lands are required for the future needs of the gram panchayat and rejected the resolution of the panchayat. It is also stated that appropriate positive steps to consider the representation of various poor people for issuance of house sites in Survey No.135 admeasuring Ac.26-10 cents in Darsi village is under consideration and that eligible petitioners will be issued house site pattas in the said survey No.135.
4. It is evident from the above instructions that the request of the petitioners for assignment in survey Nos.247, 248 and 266 may not be possible in view of the panchayat authorities’ reply, referred to above. However, their cases are likely to be considered for assignment in Survey No.135 of the same village.
5. In view of that, it cannot be said that there is any inaction on the part of the respondents to warrant intervention by this court. However, as stated in the instructions of the Tahsildar, the case of the petitioners and all other eligible persons may be considered, in accordance with the policy of the State, as expeditiously as possible.
Writ petition is, accordingly, disposed of. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J September 9, 2014 LMV