IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 3749 of 2008 Between: Regella Chenna Reddy S/o.Venkat Reddy R/o.Atchuthapuram village Naramvarigudem post, Aswaraopet Mandal Khammam District ..... PETITIONER AND 1 Government of Andhra pradesh, Revenue (Asn.I) Department rep.by its Secretary to Government, Secretariat Hyderabad 2 The District Collector, Khammam District, Khammam 3 The Revenue Divisional officer, Khammam Khammam District 4 The Tahsildar, Aswaraopet Mandal Khammam District .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ of mandamus or any other appropriate writ order or direction declaring the action of the respondents particularly the 4th respondent in not assigning the land as per the scheme envisaged by the 1st respondent in G.O.ms.No.946 Revenue (W8) Department dated 26.7.1979 to assign the land in favour of the political sufferers despite clear directions given by the 2nd respondent in his letter in L.Dis.No. E3/614/2005 dated 10.1.2006 as illegal, and arbitrary, and consequently direct the respondents to assign the land in his ketter in L.Dis.No9.E3/614/2005 dated 10.1.2006 in vidw of the scheme envisaged for assignment of land in favour of freedom fighters in G.O.ms.No.946 Revenue (W8) Department dated 26.7.1979 and pass Counsel for the Petitioner:MR.S.BHASKARA RAO Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 3749 of 2008 ORAL ORDER: This writ petition is filed questioning the action of the respondents in not assigning the land to the petitioner in terms of scheme formulated vide G.O.Ms.No. 946 Revenue (W8) Department dated 26.7.1979 as illegal and arbitrary and consequently direct the respondents to assign land to the petitioner in terms of the letter of the second respondent dated 10.1.2006. The case of the petitioner is that he is a freedom fighter and entitled to assignment of land in terms of G.O Ms No. 946 dated 26.7.1979 and made an application dated 26.12.2005 to the fourth respondent requesting to allot land admeasuring Ac.10.00 in survey No. 1228, Aswaraopet village and Mandal. Since no action is taken, he made a representation to the second respondent-District Collector. The second respondent vide his letter dated 10.1.2006 forwarded the said representation to fourth respondent to take necessary action. The petitioner alleges that in spite of the recommendation of the second respondent, the fourth respondent is not taking any action for allotment of the land to the petitioner. Hence, the present writ petition. Today when the matter is taken up, learned Assistant Government Pleader for Revenue on instructions submitted that the land in survey No.1228 is a Government land but there is no vacant land available in the said survey number as such the request of the petitioner could not be considered. She produced the copy of the instructions received in the matter from the fourth respondent vide letter dated 5.3.2008. The relevant portion of the same reads as under; “….In this regard, I submit that all the villages except Aswaraopeta are scheduled villages in this mandal. The survey No. 1228 is a Government land but there is no vacant land available in this survey number. Therefore, his request could not be considered as there is no Government land available in Aswaraopeta village.” In view of the fact that the there is no vacant land in Survey No.1228, Aswaraopeta village and the other villages of the mandal are scheduled areas, the relief sought for in the present writ petition cannot be granted. However, the petitioner is at liberty to make appropriate application for allotment of any other vacant land, not covered under the scheduled area. If any such representation is made, the same shall be considered in accordance with law. Accordingly, the writ petition is disposed of. No costs. ____________ N.V.RAMANA,J DATE: 1.4.2008 TVK ..... REGISTRAR // TRUE COPY // SECTION OFFICER THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 3749 of 2008 DATE: 1.4.2008