IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWELFTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 10375 of 2008 Between: Kamineni Ramamurthy, S/o. Subbaiah, R/o. Mulaguntapadu Village, Singarayakonda Mandal, Prakasam District. ..... PETITIONER AND 1 The State Government of A.P., Rep. by Collector, Prakasam District, at Ongole. 2 The Tahsildar, Singarayakonda Mandal, Prakasam District. ...RESPONDENTS 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 issue a Writ or director or order, more particularly one in the nature of Writ of Mandamus, or any other appropriate Writ, declaring the action of the respondent herein in not considering the petitioner's application dt. 24.04.2008 for grant of assignment of the land admeasuring Ac. 0.15 cents situated abutting the land situated in Sy. No. 109 of Mulaguntapadu revenue village of Singarayakonda Mandal, as illegal, arbitrary, and violative of Art. 14 and 21 of Constitution of India, and consequently direct the respondents to consider his application dt. 24.04.2008 for assignment of land admeasuring Ac. 0.15 cents situated abutting the land situated in Sy. No. 109 of Mulaguntapadu revenue village of Singarayakonda Mandal and pass Counsel for the Petitioner:MR.SITA RAM CHAPARLA Counsel for the Respondents : GP FOR REVENUE The Court made the following : O R D E R: It is the case of the petitioner that he is the owner of the land admeasuring Ac.0.44 cents situated in Survey No.109 of Mulaguntapadu village, Singarayakonda (PO), Prakasam District and the said land is abutting the government land admeasuring 0.15 cents. It is his case that since a long time he is cultivating and using the government land for the purpose of ingress and egress. While that being so, he came to know that the second respondent is taking steps to assign the government land for the purpose of construction of houses in favour of some other persons. Therefore, he made an application on 24-04-2008 requesting the second respondent to assign the said land to him either free of cost or at the market value. The grievance of the petitioner is that the second respondent without considering his application is trying to evict him from the land and taking steps to assign the same in favour of others. Hence, he filed the present writ petition seeking appropriate directions to the respondents to consider his application and pass appropriate orders. Heard learned counsel for the petitioner and the learned Government Pleader for Revenue and at their request the writ petition itself is taken up for disposal at the stage of admission. The claim of the petitioner is that he is in possession and enjoyment of the government land since a long time and he acquired preferential right over the said land. It is also the case of the petitioner that he is a landless poor person having dry land less than the prescribed extent and hence, he is eligible for being considered for assignment of the government land, which is abutting the land belonging to him, and therefore, he made an application to the second respondent, but the same is not being considered. Since the petitioner’s representation is pending consideration with the second respondent, it is agreed by the learned counsel for the petitioner as well as the learned Government Pleader to dispose of the writ petition in the following manner. The writ petition is disposed of directing the second respondent to consider the application of the petitioner dated 24-04-2008 and pass appropriate orders thereon as expeditiously as possible. Till then, status quo obtaining as on today shall be maintained. N.V.RAMANA,J Dated 12th June, 2008 vrn ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The State Government of A.P., Rep. by Collector, Prakasam District, at Ongole. 2 The Tahsildar, Singarayakonda Mandal, Prakasam District. 3 2CCs to Govt.Pleader for Revenue, High Court of A.P. Hyderabad. 4 2CD copies