THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION Nos.27286 & 27308 OF 2011 COMMON ORDER: The relief sought for in these Writ petitions is to declare the action of the respondents, in not assigning the lands in the petitioners possession and enjoyment in an extent ranging from Ac.1-00 cents to Ac.4-00 cents in Survey Nos.10, 11, 12, 13, 17, 18, 20, 21, 23/1 and 38 of Chinakraka Village, Jaladanki Mandal, Nellore District, even though the petitioners are landless poor/Sivoijamadar under paragraph No.3 (2) (iii) of Board Standing Order 15 of Andhra Pradesh Board Standing Orders (BSO), as arbitrary and illegal. The petitioners seek a consequential direction to the respondents to assign the lands in their favour forthwith. The petitioners in these Writ Petitions all claim to be in possession of Government lands for the past two to three decades; to fall within the definition of Sivoijamadar under clause 15 (10) of the BSO; and to be entitled for preference in assignment of lands. They seek a direction from this Court that their applications be considered for grant of assignment as they are landless poor. Counter affidavits are filed wherein it is stated that the first petitioner in W.P.No.27286 of 2011 is the brother of one Sri B. Venkata Krishna Reddy, a big farmer having large extents of paddy cultivable lands in his joint family; and he cannot be considered to be a landless poor. The other petitioners are also alleged to be the brothers of Sri B. Venkata Krishna Reddy, which is denied by the petitioners by way of a reply affidavit. However, the fact that the first petitioner is the brother of Sri B. Venkata Krishna Reddy is admitted. Among the 15 petitioners in W.P.No.27308 of 2011, it is admitted by the respondents that 8 of them i.e., petitioner Nos.1,3,4,7,8,10,14 and 15 belong to poor families, and action would be taken to include their names in the beneficiaries list prepared for allotment of society lands along with other lands; and as the land available is only of an extent of Ac.170-00 the poorest among the poor would be considered. A reply affidavit is filed wherein it is stated that except petitioner Nos.9 and 11 all others satisfy the requirements of being a landless poor. Clause 15 (3) (2) (iii) of the BSO defines “Sivoijamadar” to mean a person who is in occupation of land at the time of consideration for its assignment provided he has been in continuous occupation of the land from the fasli immediately preceding the one in which the assignment is considered. Clause 15 (10) of the BSO gives preference to Sivoijamadar and even among them landless poor Sivoijamadar, in case of unobjectionable occupation, are entitled for preference as against a demobilised soldier in respect of those lands which are not reserved for Jawans. Since the requirement of being a Sivoijamadar is occupation of government land at least from the fasli preceding the year of assignment the relief sought for, i.e., to consider the petitioners’ case for assignment, in effect, is that the petitioners should not be dispossessed from the government lands in question. It is only if the Government decides to assign the lands; and, in the year in which an assignment is made, persons who are entitled for grant of assignment are in occupation of such lands from the fasli preceding the year of assignment, would they be entitled for preference as Sivoijamadars. It is not for this Court, in proceedings under Article 226 of the Constitution of India, to either direct assignment of government lands or to fix a time frame within which assignment should be granted. Nor would this Court be justified in directing the respondents not to evict illegal encroachers from government lands in accordance with law. Since the possession of the petitioners over the lands in question is admitted, the only order which can be passed is to direct the respondents not to evict the petitioners except in accordance with law, including the provisions of the Andhra Pradesh Land Encroachment Act, 1905. It is made clear that, in case the Government decides to assign these lands, and the petitioners are eligible landless poor in possession of such government lands in the fasli immediately preceding the year in which the assignment is made, would they be entitled for preference as Sivoijamadars. With these observations and directions, the Writ Petitions stand disposed of. However, in the circumstances, without costs. _____________________________ RAMESH RANGANATHAN, J November 18, 2011 MD THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION Nos.27286 & 27308 OF 2011 November 18, 2011 MD