THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITIONS No. 1786, 1791, 1792 and 1795 OF 2011 COMMON ORDER: These four Writ Petitions can be dealt with together, as they raise similar questions. The case of the writ petitioners is that the Tahsildar, Prathipadu Mandal, Guntur District has granted patta-D.Form in favour of the petitioners over the land in an extent of Ac.3.00 in Survey No. 149/12A7, Ac.3.00 in Survey No. 149/12A3, Ac.3.00 in Survey No. 149/12A2 and Ac.3.00 in Survey No. 149/12A4 respectively of Nadimpalem Village, Prathipadu Mandal, Guntur District. It is stated that the petitioners are in possession of the land assigned to them and they are also cultivating the same. Their case is that similarly placed persons have been assigned land in Edulapalem Village of Prathipadu Mandal on collection of market value, in terms of para 1(c) of G.O.Ms.No. 1142, Revenue Department, dated 18.06.1954. In view of this assignment in favour of those individuals, upon collection of market value, the beneficiaries of the said assignment are saved from the prohibition contained under Section 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfer) Act, 1977. As is now well- known, persons, to whom land was assigned upon collection of market value, will acquire full title to the land in question which can be dealt with in the same manner as any other private owner of land having marketable title thereto would have dealt with. On the contrary, if the land was assigned by the government, as a matter of grant, without collecting the market rate therefor, such assigned land will attract the prohibition contained under Section 3 of the aforementioned 1977 Act. Consequently, the land in question is only heritable, but it cannot be alienated by them, since all such alienations are prohibited by the statute. It is absolutely open to the State Government to consider the request of the petitioners herein for collecting the market value. It is for the State to take a decision in that regard. It is a policy choice whether land should be assigned upon collection of market value or it should be assigned free of cost to the socially disadvantaged segments of the society. Ms. M. Siva Jyothi, learned Assistant Government Pleader for Revenue, submits that post-1980, the State is not pursuing the policy of assigning lands for market value. As was already noticed supra, such a decision is entirely within the domain of the State. In a judicial review exercise, the High Court is not competent to ask the State to take any such policy. Therefore, leaving the matter to the District Collector, Guntur to take an appropriate decision as to whether the assignment made in favour of the petitioners herein earlier can be converted into one of collection of market value as of now or not, I dispose of these Writ Petitions holding that the Court has no jurisdiction to direct the respondents to take any such policy decision that invariably the land assigned to the petitioners herein also should be converted into one of assignment upon collection of market value. No costs. ---------------------------------- (NOOTY RAMAMOHANA RAO, J) 18th August 2011 ksld