HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE and HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT APPEAL No. 355 OF 2009 Dated: 26-10-2009 Between: Uppuretla Krishnaiah and 199 others ... APPELLANTS AND The State of Andhra Pradesh, rep., by its District Collector, Nellore District, Nellore and two others ... RESPONDENTS THE HON’BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT APPEAL No. 355 OF 2009 JUDGEMENT: (per Sri Anil R. Dave, CJ) Being aggrieved by an order dated 11-02-2009 passed in Writ Petition No. 2047 of 2009, this appeal has been filed by the appellants - original petitioners. 2. The case of the appellants before the learned single Judge was that they were wrongly sought to be evicted from the land bearing Survey Nos.9 and 10 of Kallurupalli Village, Nellore Rural Mandal, Nellore District. It was their further case that they had constructed their houses over the land in question and, therefore, they could not be evicted from the said land. 3. Counter affidavit was filed in the petition stating that the land in question never belonged to the appellants, but it originally belonged to the Government, which had been assigned in favour of landless poor persons. The allottees of the said land could not put up construction as the appellants had made encroachments on the land in question. 4. After hearing the learned advocates and considering the facts stated before the learned single Judge, the petition has been rejected by the learned single Judge. However, the learned single Judge has made an observation while rejecting the petition that it would be open to the appellants to make an application for assignment of some other land and if they are eligible, the respondent – government authorities were asked to look into the same and do the needful, in accordance with the policy of the State. 5. Being aggrieved by the aforestated order passed by the learned single Judge, this appeal has been filed. 6. We have heard the learned advocates. Looking to the undisputed fact that the appellants – original petitioners had made encroachments on land which has already been allotted to other landless persons in accordance with the policy of the Government, in our opinion, the appellants have no right to continue to occupy the land in question. Upon perusal of the counter affidavit filed in the petition we also find that most of the persons who are encroachers were not found eligible for allotment of government land and earlier petitions filed by some of the appellants had already been rejected. 7. For the aforestated reasons, we do not find any merit in the appeal. The appeal is rejected with no order as to costs. 8. As a sequel to rejection of the appeal, WAMP No. 709 of 2009, filed by the appellants for interim relief, is dismissed. 9. Needless to say that it would be open to the appellants to submit applications for assignment of land at any other place and if the appellants are entitled to assignment of land as per the policy of the Government, the respondent – authorities shall do the needful, in accordance with law. ANIL R. DAVE, CJ C.V. NAGARJUNA REDDY, J 26-10-2009 ks