S. VENKATESWARLU AND ORS. Vs. TATA MOHAN RAO AND ORS.
LAWS(APH)-2015-3-94
HIGH COURT OF ANDHRA PRADESH
Decided on March 27,2015

S. Venkateswarlu And Ors. Appellant
VERSUS
Tata Mohan Rao And Ors. Respondents

JUDGEMENT

C.V. Nagarjuna Reddy, J. - (1.) THOUGH the petitioners are different, as the subject matter and the nature of allegations in both the Contempt Cases are common, they are heard and being disposed of together.
(2.) THE events which led to the filing of these Contempt Cases are briefly narrated here under: "The petitioners in W.P. No. 23641 of 2013, four in number, filed the said Writ Petition with the averments that they belong to washermen community, eking out their livelihood carrying on the said occupation; that they have been living in the Guntur West Constituency for the last 22 years; that for the last ten years, they were making representations to respondent Nos. 1 and 2 requesting them to grant house site pattas in vain; that two years prior to the filing of the Writ Petition, they have raised huts in Government (assigned) lands situated in D. No. 600/1, Adavitakkellapadu village, Pedapalakaluru Gram Panchayat, Guntur Mandal; that the Government has issued D -Form pattas to about 5000 people living adjacent to the lands in which the petitioners have been living; that on 27 -8 -2011, they have made a representation to the Hon'ble Minister for Housing and he has in turn forwarded the same to respondent No. 1 -District Collector, for his consideration; that they have submitted another representation dated 18 -11 -2012 requesting respondent No. 2 -Tahsildar to provide basic amenities like drinking water, electricity, roads etc.; that despite the said representations, respondent Nos. 1 and 2 were not taking any steps; and that on 22 -7 -2013, respondent No. 2 along with respondent No. 3 visited their lands on 22 -7 -2013 and 26 -7 -2013 and demanded them to vacate the huts. Apprehending their eviction, the petitioners have filed the Writ Petition." This Court, by order dated 13 -9 -2013 disposed of the said Writ Petition on the instructions reported by the learned Assistant Government Pleader for Revenue (Assignments) to the effect that the assignments made to third parties for agricultural purpose were cancelled; that the lands were resumed in the year 2005 and that at present the lands were vacant. Having regard to the said instructions, this Court directed respondent No. 2 to consider the petitioners applications for grant of house sites subject to their eligibility and communicate his decision to them within two months from the date of receipt of the said order and that till communication of such decision, the respondents shall not disturb the petitioners possession if they are in possession thereof.
(3.) AFTER disposal of the said Writ Petition, The Guntur Town Mobile Laundry Union, Guntur, (for short the Union) filed W.P. No. 35958 of 2013 on 9 -12 -2013 inter alia pleading that the petitioner is a registered Union of Washermen community; that there are about 800 members in the Union; that all of them eke -out their livelihood by carrying on their occupation; that for the last ten years, the members of the Union were making representations to respondent Nos. 1 and 3 i.e., the District Collector, Guntur District and the Tahsildar, Guntur Mandal, for grant of house site pattas; that for the last 2 years 200 people occupied the land in D/600/1 of Adavitakkellapadu village, Summerpeta, Guntur Rural and are living with families by raising huts; that on 27 -8 -2011, the Union has submitted representation to the Hon'ble Minister for Housing for allotment of house site pattas and the Hon'ble Minister has in turn forwarded the same to respondent No. 1 for his consideration; that some of the members of the Union have filed W.P. No. 23641 of 2013 apprehending their dispossession; that this Court, by order dated 13 -9 -2012 in the said Writ Petition has directed respondent No. 3 -Tahsildar to consider their applications for grant of house site pattas and not to dispossess them till a decision is taken and communicated to the petitioners; that on 5 -10 -2013 Kancharla Manikya Rao -respondent No. 6 and his wife by name Bharathi came with rowdy elements and threatened the members of the Union to vacate the huts by claiming that respondent Nos. 3 and 5 have given them the said land; that the Union has lodged a complaint on 7 -10 -2013 before respondent No. 2 -Superintendent of Police, Guntur Urban, with a copy given to respondent No. 1; that respondent No. 1 has addressed letter to respondent No. 2 on 25 -10 -2013 to cause enquiry and take urgent necessary action; that on 6 -12 -2013, respondent No. 6 came to the land along with rowdy elements and respondent Nos. 4 and 5 with proclainer and they have created havoc threatening the members of the Union to vacate the land and that the members of the Union have lodged report dated 6 -12 -2013 with respondent No. 2.;


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