IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 4755 of 2008 Between: Sri Dalitha Ikhya Seva Sangham, Rep. by its President Sri Y. NageswaraRao, Gajapathinagaram Village, Visakhapatnam District. ..... PETITIONER AND 1 State of Andhra Pradesh, Rep. by its Principal Secretary to Revenue Department, Secretariat, Saifabad, Hyderabad. 2 District Collector, Visakhapatnam District, at Visakhapatnam. 3 Tahsildar, Payakaraopeta Mandal, Visakhapatnam 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 order or direction more particularly one in the nature of writ of Mandamus declaring the inaction on the part of the respondents on the repeated representations submitted by the petitioner including one in the form of legal notice dt.3-10-2007 for assignment of ciling excess land of Ac 75.88 cents in Sy.No. 150 of Rajavaram Village as illegal, irregular, arbitrary, violative of provisons of Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act 1971 rules framed there under BSO 15 of Board of Revenue Standing Orders and Offends articles 14 and 21 of Constitution of India and consequently direct the respondents to assign the said land in favour of eligible land less poor persons of petitioner's Society and to pass such other or order or orders Counsel for the Petitioner:MR.NIMMAGADDA SATYANARAYANA Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No. 4755 of 2008 Order: The petitioner-Sri Dalitha Ikhya Seva Sangham, represented by its President has filed this writ petition assailing the action of the respondents in not assigning the lands to their members, which was found to be in excess of the land ceiling limit. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue. Assignment of land to landless poor persons by the Government depends upon several factors, such as availability of land, number of members claiming assignment, economic status and eligibility of the claimants, whether the claimants are local or non-local etc. The members of the petitioner-Sangham therefore, as a matter of right, cannot claim priority in assignment, for there may be similar associations belonging to Dalits and several Dalit individuals claiming assignment. If any direction to assign the lands to the members of the petitioner- Sangham is given, it would amount to discriminating the persons who are similarly placed. Hence, the writ petition is dismissed. This order, however, does not preclude the respondents from considering the request of the petitioner-Sangham for assignment of the land along with other similarly placed persons. No costs. ___________________ N.V. RAMANA, J. Date: 07.03.2008 Ksr/Nsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{VSMI}