THE HONOURABLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No :1570 of 2008 DATED:01-02-2008 BETWEEN: J.N.V.Gopalan & 2 others. ..... PETITIONER AND The Government of Andhra Pradesh, Rep., by its Principal Secretary, Revenue Secretariat, Hyderabad & 3 others. .....RESPONDENTS ORDER: Heard learned counsel appearing for the petitioners as well as the learned Government Pleader for Revenue appearing for the respondents. 2. Petitioners seek a writ of mandamus declaring the action of the respondents in assigning land situated at Gollavani Thippa & Gotlapadu villages, Bhimavaram Rural mandal, West Godavari District to 107 ineligible persons, as illegal, and arbitrary. 3. It is the case of the petitioners that the 1st petitioner is the member of the Assignment Committee for assignment of the land in favour of the landless poor and the 3rd respondent-Revenue Divisional Officer is the Convener of the said committee. The 4th respondent-Mandal Revenue Officer, Bhimavaram Rural mandal prepared a list of 246 persons for assignment of the land in Gollavani Thippa & Gotlapadu villages and the said list was placed before the Assignment Committee. Petitioner objected in respect of 111 persons on the ground that they are not eligible and not cultivating the land and that out of the said 111 persons 35 persons are cultivating the lands, but they are not eligible for assignment as they are not landless poor. The remaining 75 persons are not doing cultivation and all of them belong to the same category. It is stated that the Assignment Committee has not followed the policy of the Government giving preference to the poorest of the poor among the Scheduled Castes, Scheduled Tribes, and Backward Classes and therefore the 1st petitioner being the Assignment Committee raised objections. It is stated that the petitioners 2 and 3 are also the members of the Assignment Committee and they have also been struggling for the fair and just action with regard to the assignment of the land and accordingly they made a written representation before the 3rd respondent-Revenue Divisional Officer, Narsapuram on 16-01- 2008. It is stated that the purpose of the A.P.Land Reforms ( Ceiling and Agricultural Holdings) Act, 1973 is to take over the ceiling surplus lands and distribute the same among the landless poor giving preference to the Scheduled Castes , Scheduled Tribes, and Backward Classes and accordingly the Government laid down a policy for assignment of the ceiling surplus lands as well as the Government land wherever it is available. The lands are being assigned under the Board Standing Orders even prior to the A.P.Assigned Lands (Prohibition of Transfers) Act, 1977 (for brevity, ‘the Act’) and subsequently also. The Government recently issued G.O.Ms.No.146 Revenue (L.Ref.) Department, dated 05-02-1996, Reconstruction of Assignment Review Committee-Legislative Assembly Constituency wise, and as per the said G.O. the local M.L.A., R.D.O., three social workers of the Mandal, one from Scheduled Caste/Scheduled Tribe, one from Backward Class/Minorities, one from other category and one among them shall be a woman and respective Mandal President/ZPTC member/Municipal Chairman and one representative from each recognized national political party and the concerned Mandal Revenue Officer constitute the assignment review committee. It is not in dispute that as per the policy of the Government, the assignment of the ceiling surplus land and other Government lands shall be assigned giving preference among the poorest of the poor and certain percentage also has been fixed among the Scheduled Castes, Scheduled Tribes, and Backward Classes. It is stated that the said policy has not been implemented. 4. Having regard to the facts and circumstances, 3rd respondent is directed to consider and dispose of the representation of the petitioner, dated 16-01-2008, keeping in view the policy of the Government orders issued from time to time, and pass appropriate orders in accordance with law before issuing the assignment pattas in respect of the existing list and if any of them are found not eligible, such list may be reviewed. 5. Accordingly, Writ Petition is disposed of. There shall be no order as to costs. _________________ V.ESWARAIAH,J 01st February, 2008. Note: Issue C.C. of the order by Monday. B/o Tsy