IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 9150 of 2008 Between: Vemuri Seshagiri Rao S/o. Nagabushanam R/o. Gudipadu Village, Musunuru Mandal, Krishna Dist. ..... PETITIONER AND 1 State of A.P., Rep. by its Principal Secretary to Revenue Department, Secretariat, Saifabad, Hyd. 2 Tshsildar, Musunuru Mandal, Krishna Dist. .....RESPONDENT(S) 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 order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in not considering the petitioner application for assignment and insisting him to vacate from the land of Ac.3.15 cents covered by survey Number 463/2 of Gullapudi Village as illegal, irregular, arbitrary, violative of Principles of Natural justice, Board of Revenue Standing Orders, A.P. Land Encroachment Act, 1905 and Offend Art. 14, 21 and 300-A of the Constitution of India and consequently direct the respondents not ot evict the petitioner from the said land and to pass Counsel for the Petitioner: MR.SITA RAM CHAPARLA Counsel for the Respondent No.: GP FOR REVENUE The Court made the following: THE HON’BLE SRI JUSTICE GODA RAGHURAM W.P.No. 9150 of 2008 22-04-2009 Oral Order: The petitioner is an admitted encroacher of land in an extent of Ac.3-15 cents in survey No. 463/2 of Gullapudi village, Musunuru Mandal, Krishna District. Adjoining this property the petitioner claims to have purchased land in an extent of Ac. 01-04 cents in survey No. 464 about 20 years ago. He is cultivating jointly, the lawfully acquired and the encroached land. He claims to be regularly applying for assignment of the encroached land. As yet no assignment has been granted. The petitioner alleges that at the instance of the Communist Party of India (Marxist), the 2nd respondent is taking steps against all the encroachers, including the petitioner. It is further asserted that the 2nd respondent has no power, authority or jurisdiction to evict him from the land during the consideration of his application for assignment. He also asserts that his occupation is “unobjectionable”, though under what provision of law the petitioner does not choose to clarify. In the circumstances the writ petition is filed seeking a Mandamus to the 2nd respondent to consider his application for assignment and to injunct from evicting the petitioner from the encroachment of land in an extent of Ac. 03.15 cents in survey No. 463/2 of Gullapudi village. Whether the petitioner is entitled to and should be granted assignment is a matter primarily for the discretion of the State and the authorized State actors. The long encroachment of the petitioner does not inhere in him any prioritised right for assignment. No such law or jurisdictional principle is brought to the notice of this Court, nor can the petitioner lawfully claim immunity from eviction of his encroachment by the State authorities. The petitioner seeks a relief which is not authorized by law and no Mandamus can be granted to perpetuate the unlawful encroachment of the petitioner of public property. There are no merits. The writ petition is accordingly dismissed. No costs. ____________________ GODA RAGHURAM, J Dated: 22-04-2009 Pvks