THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.525 of 2010 ORDER: This writ petition has been instituted by the petitioners, who are residents of Kanikapuram Village, Penumur Mandal of Chittoor District seeking a Writ of Mandamus to declare the action on the part of the respondents 3 and 4, the A.P. Tourism Corporation in seeking to dispossess them from the patta lands belonging to them and situated in Sy.No.412 of an extent of Ac.4.36 cents and also from the land of Ac.1.00, encroached upon by them, without following the due process of law as bad. In view of the order that is proposed to be passed now, I do not consider it necessary to refer in good detail all the facts narrated in this writ petition. Suffice it to notice that the State Government has granted pata No.299 in favour of one Sri T. Mallaiah, the first petitioner herein over land of an extent of Ac.2-18 cents situated in Sy.No.412. Similarly, another patta bearing No.294 was granted over land of an extent of Ac.2-18 cents situated in the same survey number. Thus, patta land of the petitioners in all measuring Ac.4-36 cents, cannot be dealt with in any manner by respondents 3 and 4 without taking recourse to law, in case they seek to utilise the said land for any public purpose. Sri A. K. Narsimha Rao, the learned Standing Counsel for the A.P. Tourism Corporation appearing on behalf of the respondents 3 and 4 asserts based upon the averments contained in the counter- affidavit filed on behalf of the respondents 3 and 4 that the land situated in Sy.No.412 of Kanikapuram Village, Penumur Mandal of Chittoor District is not needed by the Corporation at all and that the Corporation or its officials have no proposal to deal with the patta land over an extent of Ac.4-36 cents situated in Sy.No.412 and that on the land situated in Sy.No.452/1 of Guntipalli Village, Penumuru Mandal of Chittoor District over an extent of Ac.79-03 cents, the respondents are undertaking the necessary development works and that too after the said land was handed over by the District Collector on 18.06.2009. It is further asserted that the vacant land situated in Sy.No.452/1 is owned by the Government and is not a private patta land. Therefore, the writ petitioners cannot legitimately make any grievance with regard to the right of the respondents 3 and 4 to develop the same. However, the learned counsel for the writ petitioners Sri T. C. Krishnan, vehemently submits that the writ petitioners are entitled to seek grant of patta from the State Government or its revenue officials in view of the financial and social conditions in which the petitioners are placed. I am afraid, that this particular cause is entirely a different cause from the one with which the respondents 3 and 4 are concerned. If the writ petitioners satisfy the norms and criteria fixed by the State Government for securing assignment of land in their favour, it is always open to them to make an appropriate application before the competent authority and the competent authority would consider such applications and take an appropriate decision in the matter. If the State Government in its revenue establishment proposes to assign the land to eligible beneficiaries, I have absolutely no doubt in my mind that the applications of the petitioners, if any made, would equally be taken into consideration and account, provided they are eligible to seek such an assignment, along with the other eligible or suitable applicants. Hence, preserving the liberty to the petitioners herein to seek assignment/allotment of land by the revenue establishment of the State Government, the writ petition is disposed of directing the respondents 3 and 4 not to deal with in any manner the land of an extent of Ac.4-36 cents situated in Sy.No.412 of Kanikapuram Village, Penumur Mandal of Chittoor District, which is a private patta land belonging to the petitioners without following the due process of law. However, it is made clear that the land, which is allotted/assigned in favour of the A.P. Tourism Corporation by the District Collector and situated in Sy.No.452/1 of Guntipalli Village, Penumuru Mandal of Chittoor District can be developed without any let or hindrance from the writ petitioners. No costs. -------------------------------- (NOOTY RAMAMOHANA RAO, J) 22nd October, 2010 bud