THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.28880 of 2011 ORDER: Heard Sri A.Chandraiah Naidu, Learned Counsel for the petitioners, and the Learned Government Pleader for Revenue (Assignment). At their request, the Writ Petition is disposed of at the stage of admission. The petitioners claim to be landless poor. According to petitioners, they were granted lease pattas for an extent of Ac.1.00 and Ac.1.50 cents of land each in Sy.No.64 of Pedaparia Village, Ozili Mandal, SPSR Nellore District; certain villagers had objected for allotment of the subject lands in the petitioners’ favour on the ground that it was a graze poramboke; the District Collector, SPSR Nellore District (second respondent) had enquired into the matter; he had directed respondent Nos.3 to 5 to set apart an extent of Ac.8.20 cents towards graze poramboke; and to give possession of the remaining land to the beneficiaries. The petitioners’ claim to be in peaceful possession and enjoyment of the subject lands without interruption from 2006 till date. Copies of the adangals for the year 2011-2012 are filed wherein the petitioners are shown to be in possession of the subject lands. It is their case that, since they were eligible, they had filed applications for grant of assignment; and, since the matter is under consideration by the government, they should not be evicted from the subject lands. When the matter was listed on 28.10.2011, Learned Government Pleader for Revenue (Assignment) sought time to obtain instructions. Today the Learned Government Pleader, on instructions, would state that the petitioners have no right to remain in possession of the subject lands since the lease granted in their favour was only for a period of one year; on verification it was found that the subject lands were full of shrubs, and the petitioners were not in possession of these lands; while they may have submitted an application for grant of assignment, they cannot claim priority merely because they were granted one year lease in the year 1994. With regards the submission of the Learned Government Pleader for Revenue (Assignment) that the subject lands were full of shrubs, and the petitioners were not in possession thereof, copies of the adangals for the year 2011-12 are filed along with the Writ Petition. A perusal thereof would show that the petitioners’ names were shown in the cultivator’s column. Since the genuineness of these adangals is not put in issue by the respondents, it must be presumed that the petitioners are in possession of the subject lands. The submissions of the Learned Government Pleader for Revenue (Assignment) that the petitioners cannot claim, as a matter of right, that they should be assigned lands has considerable force. All that the petitioners are entitled to, if they are eligible for grant of assignment, is to seek to have their cases considered along with others who are also eligible for grant of assignment. In such circumstances, I consider it appropriate to dispose of the Writ Petition directing respondent Nos.1 and 2 to consider the petitioners’ application for grant of assignment in accordance with law. Since the petitioners are in possession of the subject lands, as is evident from the copies of adangals filed along with the Writ Petition, they can only be evicted in accordance with law. Even if they are held to be encroachers on government lands, on the ground that the lease granted in the year 1994 has not been extended thereafter, the respondents can only initiate proceedings and take action to have the petitioners evicted in accordance with law including the provisions of the Andhra Pradesh Land Encroachment Act, 1905 (the Act). It is made clear that till orders are passed under Section 6 of the Act, after issuing notice to the petitioners under Section 7 of the Act, the petitioners shall not dispossessed from the subject lands. The Writ Petition is, accordingly, disposed of. However, in the circumstances, without costs. RAMESH RANGANATHAN,J Date:04.11.2011 Note:CC in one week bo usd