HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HONOURABLE SRI JUSTICE V.ESWARAIAH WRIT PETITION NO. 10718 & 18208 OF 2005 Thursday, the Seventeenth day of February, Two Thousand and Eleven Between Gadapa Dharmapuri and 3 others Petitioners in WP No. 10718 of 2005 Oddepally Kondaiah and 4 others Petitioners in WP No. 18208 of 2005 AND The District Collector, Karimnagar District and others Respondents in both the W.Ps. COMMON ORDER: Heard learned counsel for the petitioners and the learned Government Pleader for Revenue and the learned counsel for the unofficial respondent. The respondents 4 to 8, who have been impleaded by orders of this court passed today in WP MP No. 33039 of 2010 in WP No.10718 of 2005, filed W.P. No. 18208 of 2005, which is posted along with WP No. 10718 of 2005, as per the earlier directions. Since the issue involved in both these writ petitions is one and the same, they were heard together and are being disposed of this common order. The petitioners in W.P. No. 10718 of 2005 seek to issue a writ of mandamus directing the respondents to consider their case for grant of patta in respect of Ac.3.27 guntas in Sy.No. 116 sitauted at Rekurthi village of Karimnagar Mandal and District. It is the case of the petitioners that for the past 50 year since the time of their ancestors they were in continuous possession and enjoyment of the agricultural land to an extent of Ac.3.27 gutnas in Sy. No.116 of Rekurthi village, which belongs to the Government. They have developed the same by investing huge sums and also installed electrical motor pump-sets and earlier they also used to pay the tax to the Government and subsequently the same was waived. It is stated that they being landless poor are entitled for assignment of the said government land and, therefore, they have applied for assignment of the said land in their favour, but their application was not being considered. Some representations said to have been made by the petitioner, are annexed to this writ petition. A counter is filed by the third respondent – Tahsildar, Karimnagar, disputing the averments made by the petitioners in the writ affidavit with regard to their possession. It is stated that the names of the petitioners were just recorded in possession column of pahanies during the years 1983-84 and 1991 to 2000 only. The said land has been kept fallow and no amount was invested on the said land. No well was dug in the said land and it is just a pit, which was existing for the past several years. It is stated that the said land is sikam land. As per the instructions issued by the Government in G.O. Ms. No.123 Revenue dated 29.1.1967 and G.O. Ms. No. 157 Revenue (M) Department dated 13.2.1987 no cultivation should be allowed in the tank bed land and, therefore, the agricultural operations were restricted in the land in question. It is further stated that in fact the son of the first petitioner was assigned an extent of Ac. 0.20 guntas of the Government land in Sy.No. 55 and an extent of Ac.0.30 guntas in Sy. No.55 of the government land was assigned in favour of the fourth petitioner and an extent of Ac.2.20 guntas of government land in Sy.No.136 of Rekurthi village was assigned in favour of the second petitioner. Further the first petitioner sold out an extent of Ac. 0.27 guntas of the assigned government land for a valid consideration. The land in question is a sikam poramboke land and as per the instructions issued by the Government in the aforesaid G.Os. the tank bed land cannot be allowed to cultivate. It is further stated that the lands in question are within three kilometers radius of the Municipal Corporation of Karimnagar and as per the orders of the Government in G.O. Ms. No. 242 Revenue (Assignment-I) Department dated 28.2.2005 all the government lands fit for house sites within 25 KMs. from ‘A’ category municipality shall be pooled under the land bank for providing house sites to the poor people and as such the above said land is pooled under the land bank. It is case of the petitioners in WP No. 18208 of 2005 that the petitioners’ forefathers were assigned small extents of land in Sy. No.116 to an extent of Ac.3.27 guntas at Rekurthi village, Karimnagar Mandal and District and they are in long standing possession making the land cultivable. Counter is also filed by the Government stating that the land in question is a sikam poramboke land and according to G.O. Ms. No.123 Revenue Dated 29.1.1967 and G.O. Ms. Nos. 157 Revenue (M) Department dated 13.2.1987, no cultivation should be allowed in the tank bed land and, as such, the representations dated 27.11.2002 and 23.8.2004 were rejected and accordingly Memo No.B/6063/2002 dated 2.7.2005 was issued. It is stated that the averment of the petitioners that they are in continuous possession for the last 60 to 70 years is denied. It is stated that the names of the father of the first petitioner was recorded in possession colomn of the pahani for the years 1983-84 and 1984-85 over an extent of Ac. 0.37 guntas. Thereafter the names of the petitioner No.1 and husband of petitioner No.5 were recorded during the years 1995-96 to 1999-2000 for the same extent of Ac.0.37 guntas along with four others for the total extent of Ac.3.27 guntas. It is also stated that their names were just recorded in the pahanis but no cultivation was allowed at any point of time as per the instructions contained in the aforesaid G.Os. It is stated that the petitioners are not entitled for any assignment of the land as it is sikam land. It is further stated that as per GO Ms. No.242 Revenue (Assn.I) Department dated 28.2.2005, all the Government lands fit for housing, within 25 KMs. from ‘A’ category municipality, shall be pooled under the land bank for providing house sites to the poor people. In the backdrop of these facts, I am of the opinion that the petitioners in either of the writ petitions are not entitled to seek a writ of mandamus for the grant of assignment, either for agricultural purposes or for house sites, as a vested right. As per the existing norms, if the petitioners are in continuous possession and they belong to Scheduled Castes, Scheduled Tribes, Landless poor and if they are otherwise entitled for any preferential consideration, it is open for the respondents to consider the same. But, however, I am of the opinion that any government land, which is assignable, shall be assigned to the genuine and needy persons, poorest of the poor keeping in view their backwardness, particularly to the reserved categories. If the Government chooses to assign the said land, I am of the opinion that the respondents shall follow the assignment Rules and assign the same by giving preference to the poorest of the poor among the Scheduled Castes, Scheduled Tribes, Backward classes and other weaker sections of the society. As a matter of right, no one is entitled to claim the assignment of any sikam or tank bed land. With these directions, the writ petitions are disposed of. No order as to costs. ___________________ Justice V.Eswaraiah February 17, 2011 MAS