HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.20901 of 2009 Date : 28.07.2011 Between : Shaik Pedda Mastan. …..Petitioner And Joint Collector, SPS Nellore & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.20901 of 2009 ORDER: This writ petition is filed, seeking directions by way of Mandamus, declaring the action of respondents in trying to dispossess the petitioner from the land admeasuring Ac.0.60 cents covered by Sy.No.187, situated at Padamati Kambampadu village of Ananta Sagaram Mandal of SPS Nellore District, as illegal and arbitrary. It is the case of the petitioner that since the time of his forefathers, they were in possession of the aforesaid land and were using the said land for cultivation. In this writ petition, it is the grievance of the petitioner that though in 1989, proceedings were initiated under the A.P. Land Encroachment Act, 1905 for his eviction, no steps have been taken to dispossess the petitioner, but now, at the instance of respondent No.3, respondents are taking steps to dispossess the petitioner, as he has purchased the land adjoining the land of the 3rd respondent in Sy.No.187. It is also the case of the petitioner that as the said land is in his longstanding possession, and as he is a landless poor person eking out his livelihood on the income derived from cultivating the aforesaid agricultural land, he is entitled for assignment of the said piece of land. Counter affidavit is filed by the Joint Collector, Nellore. In the counter, while denying the allegation of the petitioner, it is stated that the aforesaid land is in possession of petitioner by way of encroachment and as per the village records, land in Sy.No.187 has been classified as vagu poramboke. It is stated that though proceedings are initiated under the Land Encroachment Act by issuing notice under Section 7 of the said Act in the year 1989, no steps have been taken to dispossess the petitioner. In the counter, it is stated that as inquiries revealed that the petitioner herein is a landless poor person and he hails from a family below poverty line, he is entitled for assignment of land and the District administration is considering for grant of assignment of land elsewhere in the village, subject to availability of land. The Padamati Kambampadu Water Users’ Association, which is impleaded as respondent No.4, has also filed an affidavit along with the application for impleadment. In the said affidavit, while denying the claim of the petitioner, it is stated that the petitioner is trying to encroach upon the land admeasuring Ac.1.20 cents in Sy.No.187 with the active support of the local politicians, as such, on their representation, the District Collector has issued instructions to the Tahsildar, to take steps for preventing encroachments into the tank poramboke. Insofar as the land to an extent of Ac.0.60 cents in Sy.No.187 is concerned, as evident from the counter affidavit, it is recorded as vagu poramboke. In that view of the matter, no direction can be granted to assign the said land to the petitioner. As it is stated in the counter affidavit that the inquiries revealed that the petitioner is a landless poor and is eligible for grant of assignment, I deem it appropriate to dispose of the writ petition, with a direction to respondents 1 and 2 to consider assignment of any other alternative land to the petitioner as per the assignment policy in force, within a period of three months from today. Subject to the above direction, this writ petition is disposed of. No costs. _____________________ R.SUBHASH REDDY, J 28th July 2011 ajr