IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 21859 of 2007 Between: 1 Akkapalli Umadevi, w/o. Bapu, District Collector, Karimnagar District, Karimnagar. 2 Akkapalli Lakshmi, W/o. Lingayya, District Collector, Karimnagar District, Karimnagar. 3 Akkapalli Lakshmi, W/o. Sarayya, District Collector, Karimnagar District, Karimnagar. 4 Jadi Rejeswari, W/o. Rajamouli, District Collector, Karimnagar District, Karimnagar. 5 Jadi Madunamma, W/o. Lingaiah, District Collector, Karimnagar District, Karimnagar. 6 Jadi Ravi Kiran, S/o. Lingaiah, District Collector, Karimnagar District, Karimnagar. 7 Akkapalli Srinivas, S/o. Kanakaiah, District Collector, Karimnagar District, Karimnagar. 8 Akkapalli Raj Kumar, S/o. Kanakaiah, District Collector, Karimnagar District, Karimnagar. 9 Akkapalli Pochamma, W/o. Kanakayya, District Collector, Karimnagar District, Karimnagar. 10 Golle Amrutha, W/o. Rayamallu, District Collector, Karimnagar District, Karimnagar. 11 Kodipelli Srinivas, S/o. Kanakayya, District Collector, Karimnagar District, Karimnagar. 12 Talla Lakshmi, W/o. Devayya, District Collector, Karimnagar District, Karimnagar. 13 Talla Sreelatha, W/o. Kishtayya, District Collector, Karimnagar District, Karimnagar. 14 Talla Vinoda, W/o. Sankaraiah, District Collector, Karimnagar District, Karimnagar. 15 Talla Revathi, W/o. Narsaiah, District Collector, Karimnagar District, Karimnagar. 16 Gummadi Ellamma, D/o. Chinnaramulu, District Collector, Karimnagar District, Karimnagar. 17 Kandi Anuradha, W/o. Mogili, District Collector, Karimnagar District, Karimnagar. 18 Mohammed Sajida Begum, W/o. Shaik Abdullah, District Collector, Karimnagar District, Karimnagar. 19 Mohammed Faheeda Begum, W/o. Azmath, District Collector, Karimnagar District, Karimnagar. 20 Mukkera Narsaiah, S/o. Sailu, District Collector, Karimnagar District, Karimnagar. 21 Yerramsetti Amrutha, D/o. Yerramsetti Nasaiah, District Collector, Karimnagar District, Karimnagar. 22 Vadluri Chilukamma, W/o. Prabhakar, District Collector, Karimnagar District, Karimnagar. 23 Eedunuri Sarojana, W/o. Premanandam, District Collector, Karimnagar District, Karimnagar. 24 Eedunuri Swaroopa, W/o. Sreenivas, District Collector, Karimnagar District, Karimnagar. 25 Eedunuri Rajamma, W/o. Lachaiah, District Collector, Karimnagar District, Karimnagar. 26 Eedunuri Padma, W/o. John, District Collector, Karimnagar District, Karimnagar. 27 Eedunuri Ellamma, w/o. Hanmayya, District Collector, Karimnagar District, Karimnagar. 28 Kampelli Chandramma, W/o. Durgaiah, District Collector, Karimnagar District, Karimnagar. 29 Kampelli Swaroopa, W/o. Mallesh, District Collector, Karimnagar District, Karimnagar. 30 Kampelli Padma, W/o. Sankar, District Collector, Karimnagar District, Karimnagar. 31 Kalle Lakshmi, W/o. Ravi, District Collector, Karimnagar District, Karimnagar. 32 Bocha Durgamma, W/o. Gourayya, District Collector, Karimnagar District, Karimnagar. 33 Bocha Varalakshmi, W/o. Gurumurthy, District Collector, Karimnagar District, Karimnagar. 34 Bocha Ramana, W/o. Raju, District Collector, Karimnagar District, Karimnagar. ..... PETITIONER(S) AND 1 District Collector, Karimnagar District, Karimnagar. 2 Revenue Divisional Officer, Peddapalli, Karimnagar District. 3 Mandal Revenue Officer, Peddapalli, Karimnagar District. ..RESPONDENTS 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 issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not assigning the lands in Sy.No. 374 (16 acres 3 guntas), 375 (5acres 5 guntas), 376 (3 acres 2 guntas) 377 (23acres 12 guntas), 378 (18acres 36 guntas), 379 (20 acres 12 guntas), 381(19 acres 24 guntas), 382 (7 acres 33 guntas), 390 (23 acres 3 guntas), 391 (21 acres 5 guntas), 224 (100 acres poramboke) situated at Thurakala Maddikunta Village, Peddapalli Mandal, Karimnagar District, though available and petitioners are eligible to be assigned, as illegal, arbitrary and unconstitutional and consequently direct the respondents to assign the above said lands to the petitioners forthwith and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case Counsel for the Petitioners: MR.G.DASARADHA RAMI REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following : ORDER: The case of the petitioners is that they are residents of Thurakala Maddikunta Village of Peddapalli Mandal, Karimnagar District and belong to Scheduled Caste, Scheduled Tribe, Back ward classes and minority category castes. They are all landless poor persons eaking out their livelihood by doing agricultural labour. Many wealthy pattedars of the said village and the surrounding villages have submitted their declarations and declared that they got surplus lands and the Government land is also available in the said village for distribution to the landless poor persons. The grievance of the petitioners in this writ petition is that though they are entitled upto Ac.5.00 of land each as per the relevant government rules, government orders and memos and made several representations to the Chief Minister as well as to the respondents for distributing the said lands on 8.1.2007, 12.3.2007, 13.3.2007 and 30.3.2007, so far no action has been initiated by the respondents and hence they filed this writ petition seeking appropriate directions to the respondents to assign the surplus lands and the government land to them. Heard the learned counsel for the petitioners as well as the learned Government Pleader for Revenue and at their request the matter is taken up for final disposal at the admission stage itself. Distribution, allotment or assignment of the lands to the landless poor persons is an administrative action subject to the availability of the land and eligibility of the person applied for and this Court under Article 226 of the Constitution of India cannot give any positive directions either for allotment or assignment of the land. Though the writ petition was filed on 10.10.2007, no instructions have been received by the learned Government Pleader. In the circumstances, without going into the merits of the matter, the writ petition is disposed of directing the respondents that if there is any representation of the petitioners pending consideration as claimed by the petitioners, the same shall be considered and appropriate orders shall be passed in accordance with law. N.V.RAMANA,J DT.26.6.2008 msv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 District Collector, Karimnagar District, Karimnagar. 2 Revenue Divisional Officer, Peddapalli, Karimnagar District. 3 Mandal Revenue Officer, Peddapalli, Karimnagar District. 4 2CCs to Govt.Pleader for Revenue, High Court of A.P. Hyd. 5 2CD copies