IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 8397 of 2009 Between: Harijana Vyavasaya Coolie Sangam, Vakada Village, Karapa Mandal, East Godavari District, Rep. by its President, Koppula Nageswara Rao ..... PETITIONER AND 1 The District Collector, Kakinada, East Godavari District. 2 The Revenue Divisional Officer, Kakinada, East Godavari District. 3 The Tahsildar, Karapa Mandal, East Godavari District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondent in not considering the petitioner representation dated 17-7-2008 for allotment of agricultural land in survey No.819 to 837, Gadimoga, Tallarevu Mandal, East Godavari District, who are landless poor, is illegal, un-constitution and against the principles of natural justice and consequently direct the respondents to consider the petitioner's representation dated 17-7-2008. Counsel for the Petitioner: MR. P. VINOD KUMAR Counsel for the Respondents: G.P. FOR REVENUE The Court made the following : ORDER: The petitioner is an association of agricultural labourers, functioning at Vakada Village, Karapa Mandal. The members of the association are said to be eking out their livelihood through agricultural labour. According to the petitioner, vast extents of government land in S. Nos.819 to 837 of Gadimoga Village, Tallarevu Mandal, is available for allotment and despite several representations made by it, for assignment to its members, no steps are taken by the respondents. The petitioner seeks appropriate directions in this regard. Heard the learned Counsel for the petitioner and the learned Government Pleader for Revenue. The petitioners do not claim any independent right of possession or ownership over the land. Its request is only for allotment of the land in S.Nos.819 to 837 referred to above. Two aspects become important in this regard. The mere existence of a government land at a particular place, by itself does not warrant assignment of the same in favour of an individual. Much would depend upon decision of the Government. It is only when the decision is taken to assign the available land, that, necessity to identify the beneficiaries would arise. This Court cannot compel the Government to assign any particular land. Secondly, even where the Government has taken a decision to assign the available land, the beneficiaries have to be identified or chosen duly verifying their eligibility with reference to the parameters. The mere fact that an individual or an association made an application does not by itself confer any priority upon them. Much would depend upon their eligibility. Hence, the Writ Petition is disposed of directing that in case the respondents propose to assign the land in S.Nos.819 to 837 of Gadimoga Village, Tallarevu Mandal, East Godavari District, the case of the members of the petitioner association shall also be considered, subject to their eligibility. No costs. _____________________ (L. NARASIMHA REDDY, J) 23.4.2009 bnr