HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HONOURABLE SRI JUSTICE V.ESWARAIAH WRIT PETITION NO. 10691 OF 2005 Thursday, the Seventeenth day of February, Two Thousand and Eleven Between Gopi Ramulu Petitioner AND The District Collector, Hyderabad District and others Respondents ORDER: The petitioner seeks a writ of mandamus to the respondents for compliance of the proceedings of the District Collector, dated 30.3.1963 directing to consider the application of the petitioner for assignment of land to the soldiers. A counter is filed by the Tahsildar, third respondent, to the effect that the schedule property in T.S. No. 138 Block-K, Ward No.38 of Mallepally village to an extent of 2885 Sq. Mts. situated at ‘A’ Battery Lane, Bazarghat, Hyderabad, is classified as ‘G’ A b a d i and non-ISF Government land. It is also stated that an extent of 400.00 square yards situated at Dhobi Ghat, for a period of 25 years was leased in favour Andhra Pradesh State Essential Commodities Corporation Limited, Hyderabad for construction of storage tank for palmolien oil, vide GO Ms. No. 481 Revenue (Q) Department dated 5.4.1982 and the land was handed over on 15.4.1992 under a panchanama. It is further stated that the government also filed LG OP No. 456 of 1989 on the file of the Chief Judge, Special Tribunal, City Civil Court, Hyderabad, under the provisions of Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 to declare Smt. Shanta Bai as a land grabber and to deliver the vacant possession of the land, which was dismissed, against which LGA No. 19 of 1998 was filed against the said Shanta Bai, which was also dismissed by judgment dated 28.4.1999, aggrieved by which, writ petition is filed and the same is pending. It is stated that the petitioner was already informed by the District Collector that the schedule land is non-ISF government Land and is prohibited for assignment. Inasmuch as the issue covered by L.G.C. filed by the Government, as to whether the land is Government land or not is yet to be decided in the Writ Petition SR No.78335 of 2007, which is said to be pending and in the event if it is held to be a non-government land, I am of the opinion that none is entitled for the assignment of the said land. In the above premise, the writ petition fails and is accordingly dismissed. No order as to costs. ___________________ Justice V.Eswaraiah February 17, 2011 MAS