HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.329 of 2008 Date : 08.11.2010 Between : Bandila Subrahmanyam & others. …..Petitioners And The District Collector, Nellore District & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.329 of 2008 ORDER : In this writ petition, the petitioners seek directions by way of Mandamus, declaring the action of respondents in not granting pattas to them in respect of the land admeasuring 5 acres, covered by Sy.No.21-8 of Krishnamanaidu Kandriga of Yakasiri revenue village in Chittamuru Mandal of Nellore District, as illegal, arbitrary and contrary to the Board Standing Orders, and consequently direct the respondents to grant pattas to the petitioners in respect of the aforesaid land. There are four petitioners in the writ petition. 2nd petitioner is the wife of the 1st petitioner, 3rd petitioner is the brother of the 1st petitioner and the 4th petitioner is the wife of the 3rd petitioner. All the petitioners claim to be in possession of the Government land admeasuring 5 acres, covered by Sy.No.21-8 of Krishnamanaidu Kandriga of Yakasiri revenue village of Chittamuru Mandal in Nellore District. It is stated that they have occupied the above said land in the year 1985 and they have developed the land and their names were also entered in the revenue records as enjoyers in respect of the said land. In this writ petition, it is the grievance of the petitioners that though they have been making representations for assignment of the aforesaid land, which is in their possession, no action is being taken, but on the other hand, the respondents are taking steps to assign the said land to third parties. Counter affidavit is filed on behalf of respondents. In the counter affidavit filed by the Tahsildar of Chittamur Mandal, Nellore District, while denying the various allegations made by the petitioners, it is stated that originally, the land admeasuring 5 acres, covered by Sy.No.21-8 of Yakasiri village, was assigned in favour of one Smt. Pasala Ramanamma, wife of Late Sri Venkataiah, an Ex-Serviceman and resident of Bhudanam village of Chillakur Mandal, vide Proceedings F.Dis.No.244/89, dated 25.10.1989. It is further stated in the counter that as the said assignee did not bring the land into cultivation, same was resumed to Government by proceedings Rc.No.329/04, dated 16.06.2005. It is stated that the representations of the petitioners were considered, but they are not assigned with the land, as they were owning the patta land and assigned lands. It is stated that petitioners 1 and 2 are having land covered by patta Nos.389, 146 and 157, admeasuring Ac.0.60 cents, which is their ancestral property, and a further extent of Ac.1.43 cents covered by patta No.852, which was assigned vide proceedings F.Dis.No.359/09, dated 31.01.1981. Similarly, it is stated that petitioners 3 and 4 are also having land covered by patta Nos.389, 146 and 157, admeasuring Ac.0.60 cents, which is their ancestral property, and an extent of Ac.0.59 cents covered by patta No.852, which was assigned vide proceedings F.Dis.No.359/09, dated 31.01.1981. It is stated that the aforesaid piece of land is part and parcel of the land, in respect of which, proposals were prepared for assignment in favour of one Chandamama Gangamma and 15 other women beneficiaries, belonging to S.T. community, who are landless poor and are selected for assignment. It is further stated that the Assignment Committee has approved the names of the aforesaid 16 women beneficiaries along with other 20 beneficiaries and all formalities pertaining to allotment of land are completed and pattas are prepared for distribution to the beneficiaries. Reply affidavit is also filed by the petitioners, disputing that they own any land, either patta land or the assigned land, as mentioned in the counter affidavit. It is contended by the learned counsel for petitioners that as the petitioners are in possession of the land in question, they are entitled for preferential treatment, and in that view of the matter, respondents ought to have considered their claim before selecting some others for assigning the aforesaid land. A landless poor person can apply for grant of assignment as per the assignment policy and rules framed for grant of assignment, but no person, as a matter of right, can claim a particular piece of land for assignment on the ground that he has occupied the same. As much as the respondents have stated that in respect of the land in question, proposals were already prepared for allotment in favour of one Chandamama Gangamma and 15 others and such proposals were approved by the Assignment Committee, no direction can be granted for assignment of the very same land in favour of petitioners. However, as the petitioners are contending that they are not owning any other land either patta land or the assigned land, I permit them to make a fresh representation within a period of four weeks from today, explaining that the land as stated in the counter affidavit, do not belong to them and that they are not in possession of the said land. If they file such an application, giving the particulars of lands which are stated to have been owned by them, respondents shall consider the same for assignment of any other suitable land, if available, as per the assignment rules and eligibility of the petitioners. It is open for the respondents to distribute the land covered by Sy.No.21-8, to the selected beneficiaries, by issuing pattas to them. Subject to the above directions, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 8th November 2010 N.B: Furnish C.C. in three days. (b/o) ajr