IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 4664 of 2000 Between: Jaibheem Chaitanya Vyavasaya Cooli Samskhema Sanghamu (Regd.), Re.p by its President Dhulapalli Devudu, S/o. Thamaiah, Navara Village, Samalkot Mandal, E.G.District. ..... PETITIONER AND 1 The State of Andhra Pradesh, Rep. by its Secretary, Revenue Department, Secretariat, Hyderabad. 2 The District Collector, East Godavary District at Kakinada. 3 Revenue Divisional Officer, Peddapuram, E.G.District. 4 Mandal Revenue Officer, Samalkot, E.G.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 an appropriate Writ more in the nature of a Writ of Mandamus declaring the action of the Respondents in seeking to evict the Petitioners from the land in an extent of Ac.6-56 C in S.No. 2/2 of Navara Vilalge in which they are put in possession by the 4th Respondent vide his Procs. dated 17-9-1997 in Rc. No.B 764/94 for collective farming as being arbitrary illegal and violative of Art. 14, 21, 38 and 46 of the Constitution of India and issue a consequential direction to the Respondents to assign the above lands to the Harijans and also to consider the request for assigning of the land in an extent of Ac. 38-00 in S.No.48 of navara Village, Samalkot Mandal and issue such other Writ or order or direction as deemed fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.CH.SAMSON BABU Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.4664 of 2000 O R D E R : This writ petition is filed for a declaration that the action of the respondents in seeking to evict the members of the petitioner society from the land to an extent of Acs.6.55 cents in Sy.No.2/2 of Navara village as arbitrary and illegal. The petitioner also seeks a consequential direction to the respondents to assign the said land to them and also to consider their request to assign another extent of Ac.38.00 cents situated in Sy.No.48 of Navara village. The petitioner is a registered society and it is claimed that the members of the petitioner society belonging to the weaker sections have been in occupation of the Government waste land to an extent of 30 acres situated in Sy.No.48 of Navara Village as well as another extent of Ac.6.50 cents in Sy.No.2/2 of the same village. They have been cultivating the said land collectively and the income derived was being distributed among them equally. While so, on 30.8.1997 about 300 people belonging to the upper caste attacked the members of the petitioner society and dispossessed them forcibly from the lands in their occupation. The members of the petitioner society lodged complaints under the provisions of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and also made representations before the Revenue authorities for restoration of the lands that were in their occupation. Pursuant thereto, the District Collector instructed the Mandal Revenue Officer and the Revenue Divisional Officer, Kakinada to conduct an enquiry. Accordingly, they visited the village on 12.9.1997 and after necessary enquiry the Mandal Revenue Officer, by order dated 17.9.1997 permitted the members of the petitioner society to cultivate the land to an extent of Ac.6.53 cents situated in Sy.No.2/2 subject to certain conditions specified thereunder. It is stated that in pursuance of the said order the members of the petitioner society were put in possession. Subsequently, they made a representation requesting to assign or lease out 38 acres of land situated in Sy.No.48 also. However, the said request has not been considered by the respondents since there was resistance by the people belonging to the upper caste. In the circumstances, the petitioner society made a representation dated 8.9.1998 praying the Government to direct the respondents 3 and 4 to take steps for assignment of 38 acres of land situated in Sy.No.48 in their favour. Alleging that the said request has not been considered and on the other hand there is a threat of dispossession from the land which has already been put in their possession, the present writ petition is filed. This Court, while directing Rule Nisi, by order dated 24-03-2000 granted interim stay of eviction of the petitioners from the land of Ac.6.50 cents in Sy.No.2/2. Despite notice, no counter affidavit has been filed by the respondents and the said order continued to be in operation althrough. Having regard to the facts and circumstances and particularly in view the order passed by the Mandal Revenue Officer dated 17-09- 1997, permitting the petitioners to cultivate the land, they cannot be dispossessed from the said land of Acs.6.50 cents without following due process of law. So far as the rest of the land situated in Sy.No.48 is concerned, it is for the respondents to consider the request of the petitioner-society for assignment or lease in favour of the members of the petitioner-society. Accordingly, the writ petition is disposed of with a direction to the respondents not to interfere with the possession of the members of the petitioner-society in respect of Acs.6.50 cents of land situated in Sy.No.2/2 of Navara village in any manner whatsoever without following due process of law. So far as the remaining land in Sy.No.48 is concerned, the petitioner-society is granted liberty to make an appropriate application afresh seeking assignment or lease in favour of the members of society. If any such application is made, the respondent shall consider the same and pass appropriate orders in accordance with law within a period of 8 weeks from the date of receipt of such application. No costs. ______________ G. ROHINI, J Date: 19-11-2008 KLP