THE HONOURABLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No :804 of 2008 DATED:04-02-2008 BETWEEN: Barri Ramana & 4 others. ..... PETITIONERS AND The Government of A.P., Rep., by its Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad & 2 others. .....RESPONDENTS ORDER: Heard learned counsel appearing for the petitioners as well as the learned Government Pleader for Revenue appearing for the respondents. 2. Petitioners seek a writ of mandamus declaring the inaction of the respondents 2 and 3 in not considering and not including the names of the petitioners in the 4th phase land distributing scheme in Panchadarla village, Rambilli mandal, Visakhapatnam District, as illegal, and arbitrary. 3. It is stated that the petitioners have not applied for issuance of D-Form patta in any manner to the authorities and therefore, their cases were not considered. 4. Learned counsel appearing for the petitioners submits that even assuming that the petitioners have not made application, it is the duty of the concerned authorities to identify the eligible persons during the course of Grama Sabha, but however the claims of the petitioners have not been considered without any justification whatsoever. It is further stated that the petitioners belong to Backward Class community. 5. I am of the opinion that the Scheduled Castes, and Scheduled Tribes will have preferential claim over the Backward castes. It appears the quota has been fixed for Scheduled Castes, Scheduled Tribes as well as Backward Castes, but however, the poorest of the poor among those classes will have a preferential claim. 6. Having regard to the facts and circumstances, and if any application is filed by the petitioners, respondents are directed to consider the claims of the petitioners also, within one week from the date of receipt of this order, along with the other eligible persons giving preference to the Scheduled Castes, Scheduled Tribes, and Backward Castes, and the poorest of the poor among the eligible applicants. 7. Accordingly, Writ Petition is disposed of. There shall be no order as to costs. _________________ V.ESWARAIAH,J 04th February, 2008. Note: Furnish C.C. of the order within two days. B/o Tsy