THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.31086 OF 2011 ORDER: Admittedly the petitioner has encroached upon government lands. He filed a Suit in O.S.No.160 of 1993 before the III Additional District Munsif, Chittoor who, by judgment and decree dated 13.12.1996, granted an order of permanent injunction restraining the respondents, (the State of Andhra Pradesh represented by the District Collector, Chittoor; and the Mandal Revenue Officer, Gangadhara, Nellore Mandal), from interfering with the petitioner’s possession and enjoyment of the plaint schedule property until he is evicted through due process of law. Thereafter the respondents issued a notice under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 (for short, “the Act”), aggrieved by which the petitioner has invoked the jurisdiction of this Court. The petitioner also claims to have submitted a representation dated 18.11.2011 seeking assignment of the subject lands on the ground that he is a landless poor. The question of evicting persons from government lands is a matter distinct from their request for grant of assignment. Under the guise of making a request for grant of assignment, no person, who has encroached upon government land, is entitled for an order that he not be evicted from such lands. On being asked as to whether the petitioner has submitted objections to the notice issued under Section 7 of the Act, Sri S.V. Muni Reddy, Learned Counsel for the petitioner, would fairly state that the petitioner did not, and he would do so within one week from today. The affidavit is also silent as to whether or not any proceedings under Section 6 of the Act has been passed thereafter. In such circumstances, the only relief which can be granted in the petitioner’s favour is to direct the second respondent to consider the objections, if any, filed by the petitioner within one week from today, in case the second respondent has not already passed an order under Section 6 of the Act. The second respondent shall, thereafter, pass an order under Section 6 of the Act and, if need be, take necessary action in accordance with law. The first respondent shall consider the petitioner’s application for grant of assignment, after causing an enquiry and after ascertaining whether or not the petitioner is a landless poor person. It is made clear that this order shall not be construed as conferring any right on the petitioner to claim assignment to the exclusion of all others who are eligible. The first respondent shall consider the claims of all eligible persons, including the petitioner if he is eligible, for grant of assignment in accordance with law. It is also made clear that mere consideration of the petitioner’s application for grant of assignment will not preclude the respondents from passing orders under Section 6 of the Act, and to take action for his eviction thereafter. Till orders are passed under Section 6 of the Act, the petitioner shall not be evicted from the subject lands. The Writ Petition stands disposed of accordingly. However, in the circumstances, without costs. _____________________________ RAMESH RANGANATHAN, J November 24, 2011 Note: Issue operative portion by wire at party’s cost. B/O.MD THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.31086 OF 2011 November 24, 2011 MD