IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIFTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 14851 of 1998 Between: Vantakula.Narayana, S/o. Appanna, R/o. Regipalem, Kothala Gram Panchayat, Yelamanchili Mandal, Visakhapatnam District. ..... PETITIONER AND 1 The Collector , Visakhaptnam Disrtict, Visakhapatnam. 2 The Sub Collector, Narsipatnam, Visakhapatnam. 3 The Mandal Revenue Officer, Yelamanchilli, Visakhapatnam District 4 Commissioner, Survey Settlement and Land Records , Hyderabad. 5 The Surpanch Bayyaram Gram Panchayath, Bayyaram ,Yelamanchili (M), Visakhapatnam District R5 impleaded as per court order in W.P.M.P.1661/02 dt.21.3.02. .....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 to issue any writ, order or direction particularly one in the nature of Mandamus declaring the Memo No.242/97 A Dt.8-5-98 of the MRO, Yellamanchili in rejecting the request to grant patta to me over an extent of Ac.5.71 cents of land situated in Sy.No.18, Bayyavaram Village Yalamanchili Mandal, Visakhapatnam Disrtict, bounded on East: By Patta land belonging to Kondakula Narayana, West: By Ziraiti land belonging to Kalla Gangu Naidu, South: By Patta land belonging to D.Yellaiah and K.Ramana, North: By Ziraiti land belong to Vantakula, Suribabu and others. as arbitrary, illegal and direct the 4th respondent to verify the nature of land under my occupation in S.No.18 and accordingly direct the revenue authorities to grant patta and in the mean while not to dispossess me and assingn the schedule land in favour of others Counsel for the Petitioner:DR.P.B.VIJAY KUMAR Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : Form-NIC-OGS/WP{MUK} HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.NO.14851 of 2001 ORDER: The petitioner challenges the action of the respondents in rejecting his request for assignment vide proceedings of the Mandal Revenue Officer in Memo No.242/97, dated 08-05-1998. 2. By the aforesaid proceedings, the petitioner’s request for grant of Ac.5.71 cents of land in Sy. No.18 situated in Bayyavaram village of Yellamanchili Mandal, Visakhapatnam District, was rejected on the ground that the said land is Mandabayalu Poramboke. 3. In the affidavit filed in support of the writ petition, the petitioner has alleged that he is in possession of the said land for the last more than three decades and he has invested his money as well as his hard work and developed the said land. He seeks the assignment of the said land under the policy of the Government. 4. The respondents 1 to 3 have filed counter-affidavit stating that the aforesaid land, even according to the petitioner, is Mandabayalu Poramboke and as such in view of the objection by the villagers and the Gram Panchayat, the same cannot be assigned as it is required for communal purpose. The Mandal Revenue Officer, therefore, claims that the rejection of the petitioner’s application in the impugned order is justified. 5. The fact that the aforesaid land is Mandabayalu Poramboke is, in fact, mentioned by the petitioner himself, when he applied for assignment under his application, dated 17-10-1981 and the schedule of the land itself is shown as Poramboke Mandabayalu land to the extent of Ac.5.71 cents. 6. Since the said land is under the prohibited category and cannot be assigned, the order impugned cannot be found fault-with. 7. The writ petition, therefore, is misconceived and accordingly dismissed. No costs. ________________ 05-12-2008 kvr