IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINETH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 12002 of 2000 Between: ..... PETITIONER AND .....RESPONDENT 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 Counsel for the Petitioner:MR.K.RATHANGA PANI REDDY Counsel for the Respondent No.: MR.A.SRIDHAR The Court made the following : THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.12002 OF 2000 ORDER: Heard Sri G.Venkata Reddy, Learned Counsel appearing on behalf of Sri K.Rathangapani Reddy, Learned Counsel for the petitioners. The petitioners claim to be in possession of 40 square yards of land each. Sri O.Manohar Reddy, Learned Standing Counsel for the respondents, while accepting the fact that the petitioners were in possession of this small extent of land from the year 1988 would, however, contend that it is only with the permission of the then President of the Society that the petitioners have occupied these small extents of land. Learned Counsel would further contend that the said land has been allotted to the Prarthana Mandiram which now needs the land for extension of its building. The petitioners belong to the Scheduled Caste and claim not to have any other land. It is also evident from the aﬃdavit ﬁled in support of the Writ Petition that they had submitted a representation on 8.5.2000 requesting the District Collector to assign these two small bits of land as house plots in their favour. It is their grievance that no order has been passed by the District Collector in this regard. Learned Government Pleader for Revenue would place before this Court a copy of G.O.Ms.No.166 dated 1 6.2.2008 whereunder the District Collector is the competent authority to assign lands encroached upon by others if the total extent is less than 250 square yards. Since, in the present case, the land under the occupation of the petitioners is 40 square yards each, it is evident that it is the District Collector who is the competent authority to consider their case for assignment in terms of G.O.Ms.No.166 dated 16.2.2008. Learned Government Pleader for Revenue would submit that the last date for filing application is 30.8.2008. Ends of justice would, therefore, be met if the petitioners’ representation dated 8.5.2000 to the District Collector, Kurnool is treated as their representation under G.O.Ms.No.166 dated 16.2.2008. The Learned Government Pleader would submit that, since the representation is alleged to have been submitted nearly 8 years ago, a copy thereof may not be available. It is appropriate, therefore, that the petitioners be permitted to forward another copy of the said representation, enclosing thereto the order of this Court, within a period of four weeks from the date of receipt of a copy of this order. On receipt of the representation, copy of which was submitted earlier, the District Collector shall consider their case for assignment in terms of G.O.Ms.No.166 dated 16.2.2008 within a period of six months from the date of receipt of a copy of the representation. Since the petitioners are, admittedly, still in possession in view of the interim orders of this Court, ends of justice would be met if they are permitted to continue to remain in possession till ﬁnal orders are passed by the District Collector in terms of G.O.Ms.No.166 dated 16.2.2008. The writ petition is disposed of accordingly. However, in the circumstances, without costs. ___________ 29-8-2008 asp