THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.23021 of 2009 Dated: 26.04.2011 Between: Dalita Welfare Society Rep. by its President. .. Petitioner. And State of A.P. rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad, And others. .. Respondents. ORDER: Today, though W.P.M.P.No.29882 of 2009 is listed under the caption ‘for Interlocutory’, the writ petition itself is taken up for disposal, at the request of the learned counsel on either side. In this writ petition, the petitioner is seeking a direction by way of Mandamus to declare the action of the respondents in not implementing the orders passed by the Government of A.P. in G.O.Ms.No.1355, dated 25.11.2008, and the consequential proceedings in R.C.E.2.5774/2004, dated 2.1.2009, of the District Collector, Prakasam District, with regard to grant of D.K.T. pattas in respect of the assigned land an extent of Ac.100 in Sy.No.81/A situated at Padarthi village, Kothapatnam Mandal, Prakasam District, to the members of the petitioner Society who belong to weaker sections, as illegal and arbitrary, and for a consequential direction to the respondents to issue D.K.T. pattas in respect of the said land to the members of the petitioner Society by considering their Representations dated 27-10-2004. In the affidavit filed in support of the writ petition, the petitioner stated that the total extent of the land in Sy.No.81/A of Padarthi village, Kothapatnam Mandal, Prakasam District, is Ac.300.00 and the same is classified as assessed waste land. Out of the said land, the land to an extent of Ac.200.00 was leased out to one Raghavandram and China Audi Seshaiah. Subsequently, the said leases were cancelled by the Government vide its order in G.O.Ms.No.1355 dated 25.11.2008. While canceling the leases to the original lessees, the Government directed the District Collector, Prakasam, to take over the land for the purpose of assigning the same to the landless eligible poor persons who have given representation to the Hon’ble Chief Minister in Rajiv Pallebata Programme on 27.10.2004. The petitioner averred that since its members are landless poor persons, they are eligible for assignment of the subject land. The grievance of the petitioner is that in spite of the directions of the Government to assign the subject land to the landless eligible poor persons, the respondents are not taking steps for grant of assignment of the land to its members by issuing D.K.T. pattas in their favour. Hence, this writ petition. In the counter affidavit filed by the Tahsildar of Kothapatnam Mandal, it is stated that with regard to the land admeasuring Ac.100.00 cents, one Nallu Nageswara Rao and Nallu Venkata Suresh, the sons of the original lease holder late Nallu Raghavendram, filed writ petition, being W.P.No.1628 of 2009, before this Court and obtained interim orders. It is also stated that with regard to the remaining 100 acres, which is not covered by any interim orders, pattas were already granted in respect of the land to an extent of Ac.70.00 to the persons who were already in possession of the land i.e., Sivaijamadars. It is also stated that insofar as the remaining land to an extent of Ac.30.00 is concerned, the case of the members of the petitioner Society will be considered and necessary orders will be passed depending upon their eligibility. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue appearing for the respondents. In G.O.Ms.No.1355, dated 25.11.2008, issued by the Government, while canceling the earlier lease granted in the name of Nallu China Audi Seshaiah and Nallu Raghavendram, the District Collector, Prakasam was directed to take over the lands for the purpose of further assigning the same to the landless eligible poor. As per the guidelines notified by the Government, the eligibility criteria as to whether a person is landless poor or not, for grant of DKT pattas, is to be considered with reference to individual persons. The individual members including the members of the petitioner Society, who claim to be poor and eligible for grant of assignment, can seek grant of pattas in their favour. In this case, it is to be noticed that the petitioner Society, which is registered under the Societies Act, filed this writ petition, but not its members in individual capacity. Therefore, the relief prayed for by the petitioner Society cannot be granted. However, it is made clear that if any of the members of the petitioner Society are eligible for grant of lease of the salt lands in question, this order will not preclude them to file individual applications in that regard. Further, if they fit into eligibility criteria notified by the Government for grant of DKT pattas, they may file applications seeking grant of DKT pattas in their favour. If any such applications are filed, the respondents shall consider the same by examining their eligibility individually with regard to the available land in question and pass appropriate orders. With the above directions, this writ petition is disposed of. No order as to costs. ________________________ JUSTICE R.SUBHASH REDDY 26.04.2011 v v