THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.15527 of 2008 ORDER: Although the matter is listed under the caption ‘interlocutory’, at the request of the learned counsel on either side, the Writ Petition itself is taken up for hearing and being disposed of by this order. This Writ Petition is filed with the prayer, which reads as under: “For the reasons stated in the accompanying affidavit, it is therefore prayed that this Hon’ble High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus directing Respondents 1 to 3 herein to consider the case of the Writ Petitioners as tenants in occupation for grant of 5.00 acres of dry land or 2.5 acres of wet land being assigned to them in accordance with the provisions contained in Rule-10 (2&3) of Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Rules, 1974 in accordance with the provisions of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 as per the procedure prescribed therein and orders be passed accordingly.” It is stated that petitioners 1 to 4 are in possession of lands admeasuring Acs.3.50 cents, Acs.6.10 cents and Acs.5.03 cents covered by Survey Nos.144, 159 and 160 respectively and petitioner No.5 is in possession of land to an extent of Acs.2.34 cents covered by Survey No.134, of Goverdhanagiri Village, Veldurthi Mandal, Kurnool District. It is further stated that under the provisions of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (for short ‘the Act’), the aforesaid lands were declared as excess holding of one Smt.Rukminamma Krishnamurthy. It is their case that they are in longstanding possession of the lands in question and are tenants of the original declarant and in spite of the fact that they are landless poor and eligible for grant of assignment of land, the respondents are taking steps for their dispossession. The third respondent – Tahsildar, Veldurthi Mandal, has filed counter-affidavit. In the counter-affidavit, while denying various allegations of the petitioners, it is stated that the petitioners have not submitted any application for grant of assignment of land in their favour. However, possession of the petitioners over the land in question is admitted. Although it is the case of the petitioners that they are landless poor persons and eligible for assignment of land, the same is a matter to be examined by the competent authority but not by this Court. It is to be noticed that even though the petitioners are in possession of the lands in question as tenants, they do not have any preferential right to claim for assignment of the lands in question when they were declared as surplus under the provisions of the Act. As the possession of the petitioners is not disputed and as it is stated that the petitioners have not submitted any application for grant of assignment, I deem it appropriate to permit them to submit separate representations to the third respondent for grant of assignment giving particulars of entire land held by them including the land which is sought to be assigned, within a period of six (6) weeks from today. If such representations are filed by the petitioners within the time referred to above, the third respondent shall examine the same having regard to the Assignment Rules/Policy in force for grant of assignment of land to landless poor persons, enquire and take appropriate decision thereon, within a period of three (3) months thereafter. It is made clear that till appropriate orders are passed on such representations, no steps shall be taken to dispossess the petitioners from the lands in question. It is also made clear that if there is no representation submitted by the petitioners within the time referred to above, it is open for the respondents to take steps for their eviction. Subject to the above, the Writ Petition is disposed of. No order as to costs. ______________________ R.SUBHASH REDDY, J 9th AUGUST, 2011. kvni