THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.18419 OF 2002 DATED:16.06.2010 Between: Arani Bhaktavatsala Reddy and others .. Petitioners And The District Collector, Nellore District and others .. Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.18419 of 2002 ORDER: The four petitioners are from Kurugonda Village of Ozili Mandal, Nellore District. Allegedly they own lands in Survey Nos.140 to 154 in Mekanur Village, Gudur Rural Mandal, Nellore District, which they purchased from one Parlapalli Surender Reddy. The lands are situated on the southern side of a Vagu in Survey No.137 commencing from the fields of Kondagunta and Ayyavaripalem Villages connecting to Mekanur Tank. They also allege that seepage water from their lands flows through the vagu. It is also Poramboke land in Survey No.137 through which excess water flows. The fourth respondent was granted Ek Sal Patta in respect of land admeasuring Acs.2.00 in Survey No.137, which is a Vagu Poramboke. Aggrieved by the same, the petitioners filed the instant Writ Petition. This Court, while admitting the Writ Petition on 25.09.2009, passed interim order in W.P.M.P.No.23172 of 2002 suspending the patta in Rc.No.A/827/2002, dated 11.09.2002. Though notices are served, respondent Nos.1 to 3 (official respondents) and respondent No.4 (assignee) have not filed any counter affidavit. After hearing the counsel for the petitioner and the Assistant Government Pleader for Revenue (Assignment), this Court is convinced that the assignment made by the Tahsildar, Gudur, in favour of respondent No.4 is in contravention of Board Standing Order (B.S.O.) No.15 (4) (i) to (h), which prohibits assignment of Vagu Poramboke for the purpose of cultivation. In view of the above, the impugned assignment is set aside. This Court observes that as respondent No.4 is a landless poor person, it is always open to the Tahsildar to assign some other land, the assignment of which is not prohibited by B.S.O. or the relevant Land Assignment Rules. The Writ Petition is accordingly allowed. There shall be no order as to costs. ______________ (V.V.S. RAO, J) 16.06.2010 KH