THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.630 of 2008 Date: 11-02-2008 Between: 1.Yatagiri Rajamma and 5 others. …Petitioners and 1.The Mandal Revenue Officer, Vinjamuru Mandal, Nellore District and another. …Respondents THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.630 of 2008 Date: 11-02-2008 ORDER: This Writ Petition is filed seeking a Writ of Mandamus to declare the action of the respondents in taking steps to dispossess the petitioners, who are in occupation of Ac.5.00 of the Government land each, in Survey Nos.94, 95 and 98 situated at Ravipadu Village, Vinjamuru Mandal, Nellore District, pending consideration of their application dated 10-09-2007, for grant of assignment as highly arbitrary, bad and illegal, and consequently direct the respondents to consider the said application. In the affidavit, filed in support of the Writ Petition, it is stated that petitioners 1 to 3 belong to the Schedule Tribe and petitioners 4 to 6 belong to other backward community and each of them have occupied an extent of Ac.5.00 each in Survey Nos.94, 95 and 98 and have been cultivating the same from the last seven to eight years. It is further stated that they have submitted an application on 10-09-2007 to the first respondent-Mandal Revenue Officer, Ravipadu Village, Vijamuru Mandal, Nellore District, for assignment of the said land as per the revised assignment policy of the Government, but, without disposing of the same and without following the due process of law, the respondents are taking steps to dispossess them from the lands in question. The learned Government Pleader for assignment appearing for the respondents placed before this Court the written instructions received by him from the second respondent-Tahsildar, Vinjamuru Mandal, Nellore District, wherein it is stated that the writ petitioners are not in possession of the lands in question and as the said lands were vacant Government lands, they have already been assigned in favour of thirteen landless poor persons on 23-01- 2008. It is further stated that out of thirteen beneficiaries, in whose favour the land in question ranging from half acre to two acres and odd was assigned, eleven persons belong to Schedule Caste and one person belongs to Backward Caste and another person belongs to Other Caste. In view of the aforesaid instructions sent by the second respondent that the petitioners are not in possession of the lands in question and that the said lands have already been assigned in favour of the landless poor persons, who were in possession thereof, the petitioners cannot be granted the relief sought for in this Writ Petition. The Writ Petition is, accordingly, dismissed. No costs. ----------------------- (V.Eswaraiah, J) 11-02-2008 LUR