HONOURABLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION.NO.21542 OF 2011 ORDER: This writ petition is instituted by four individuals, complaining in essence that the second respondent-Chief Commissioner of Land Administration, Government of Andhra Pradesh, has not passed any interim orders protecting the interests of the writ petitioners in an appeal preferred by them against the orders passed by the Joint Collector, Prakasam District, Ongole, through his proceedings Rc.E3/3242/2009 dated 17.06.2011. 2. The facts of the case are that the petitioners are landless poor persons and that they have occupied Government land of approximately Ac.2.50 cents in Sy.No.654 of Gonugunta Village, out of a total extent of Ac.15.82 cents available. They have been cultivating the said land for the past several years and thus eking out their livelihood. It is also their case that pattedar passbooks and title deeds are conferred on them by the competent Mandal Revenue Officer. But however, without following the due process, the petitioners are sought to be evicted from the land in question. Hence, they approached the Chief Commissioner of land Administration by preferring an appeal against the orders passed by Joint Collector and they also sought for protection of their possession over the land in question. 3. Heard Sri K.R. Prabhakar, learned counsel for the petitioners and the learned Government Pleader for Revenue (Andhra and Rayalaseema). 4. Except trying to trace title to the land in question because of the pattedar passbooks and title deeds conferred on the petitioners, the petitioners do not dispute that they have occupied the Government land in question and have been cultivating it for a long period of time commencing sometime in the 1970’s. 5. What the Tahsildar / Mandal Revenue Officer, the Revenue Divisional Officer and the Joint Collector attempted to achieve now is that the petitioners will be assigned land of an equal extent in Sy.No.770 of the same village so that they can continue to cultivate the said land and thus eek out their living, honourably. In other words, the petitioners are sought to be relocated. The main reason for seeking to resume possession of the land in question is that, this land is required for purpose of assigning house sites to members belonging to Schedule Castes in the village. According to the learned counsel for the petitioners, this could be achieved, without disturbing the petitioners. 6. When there are two competing claims, one rooted in public interest and another relates to the protection of the rights of the individual, the cause of the public interest must be considered as overwhelming one. Grant of house site pattas to the socially disadvantaged sections of the society like Schedule Castes and Schedule Tribes or other backward classes is undoubtedly going to achieve a far greater public purpose and also secure implementation of the constitutional goals contained in Part-IV of our constitution. Between the rights of the petitioners to occupy Government land and the right of the Government to provide for a means of honourable living to the socially disadvantaged schemes of the society, the interests of the State far outweigh than that of the individual. It is not for the petitioners to suggest as to how the said objective can be achieved by the State. Therefore, to my mind, the balance of convenience lies in favour of securing relocation of the petitioners from the land in question so that the same will ultimately be allowed as house site pattas to the members belonging to the Scheduled Castes. 7 . In the instant case, the State through its Revenue establishment is not acting totally, unreasonably either. It has offered to assign land of an equal extent, which is fit for carrying on agricultural operations and situated within the same village limits. The State is not now seeking to put any embargo against the petitioners eligibility to be assigned land at all. It obviously wants to neutralize the claims of the petitioners by assigning an equal extent of Ac.2.50 cents of land in Sy.No.770 of the same village. The only demand which perhaps the petitioner can make is, till the respondents assign and deliver possession of an equal extent of land to them, they shall not be evicted from the land in question. I therefore consider it appropriate to direct the third respondent – Joint Collector, Prakasam District, Ongole to direct in-turn the Revenue Divisional Officer Ongole and the Tahsildar Chimakurthy Mandal to forthwith assign land of an extent of Ac.2.50 cents situated in Sy.No.770 in favour of the petitioners and also deliver possession of the same to the petitioners. Let this be accomplished within a period of fifteen (15) days. In case the petitioners are not willing to come forward either to receive the grants/patta or take possession of the land in question, they may send this grant/patta and the intimation to receive possession of the land by registered post to the address furnished by them at Gonugunta village, Chimakurthy Mandal, Prakasam District. As soon as the petitioners take possession of the alternative land, then alone they shall be evicted from the land in their possession and occupation, situated in Sy.No.654. If the petitioners have raised any crop thereon, it is needless that they must be permitted to harvest the same and if the crop can be cut and carried away by them, they must be allowed time for transportation of the harvested crop also. For that purpose further fifteen (15) days time may be granted to them. 8. Only after this exercise is accomplished, the Joint Collector will ensure that the house site pattas are granted in favour of eligible Schedule Castes persons. Till such time, no patta shall be delivered over the land in dispute nor any person should seek to get into possession of the said land. 9. With this order, this writ petition stands disposed of without costs. __________________________ Justice Nooty Ramamohana Rao July 29, 2011 SP Copy by 01.08.2011 HONOURABLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION.NO.21542 OF 2011 July 29, 2011 SP