IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 14086 of 2002 Between: 1 Ravi Mahalakshmamma W/o.Subba Rao R/o.Gundamadakala Village, Vinjamur Mandal, Nellore Dist. 2 Galli Kondappanaidu S/o.Venkat Subbaih R/o.Gundamadakala Village, Vinjamur Mandal, Nellore Dist. 3 Galli Subbamma W/o.Venkaiah R/o.Gundamadakala Village, Vinjamur Mandal, Nellore Dist. 4 Maguluri Seethamma W/o.Narsaiah R/o.Gundamadakala Village, Vinjamur Mandal, Nellore Dist. 5 Vemulapati Tirupatamma W/o.Subbarao R/o.Gundamadakala Village, Vinjamur Mandal, Nellore Dist. 6 Chevulu Kondamma W/o.Malakondaiah R/o.Gundamadakala Village, Vinjamur Mandal, Nellore Dist. 7 Chevulu Penchala Narsimham S/o.Pedda Penchalaiah R/o.Gundamadakala Village, Vinjamur Mandal, Nellore Dist. 8 Maddena Venkaiah S/o.Kondaiah R/o.Gundamadakala Village, Vinjamur Mandal, Nellore Dist. 9 Galli Rambabu S/o.Narasappanaidu R/o.Gundamadakala Village, Vinjamur Mandal, Nellore Dist. 10 Galli Kondappanaidu S/o.Ramanaidu R/o.Gundamadakala Village, Vinjamur Mandal, Nellore Dist. 11 Medarmetta Adisheshaiah S/o.Chenchunaidu R/o.Gundamadakala Village, Vinjamur Mandal, Nellore Dist. 12 Tumati Hazarathaiah S/o.Venkatapathi R/o.Gundamadakala Village, Vinjamur Mandal, Nellore Dist. ..... PETITIONER(S) AND 1 The Dist.Collector Nellore, Nellore Dist. 2 The Revenue Divisional Officer Kavali, Nellore Dist. 3 The Mandal Revenue Officer Vinjamur Village and Mandal, Nellore Dist. .....RESPONDENT(S) 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 to issue an appropriate writ, order or direction, more particularly one in the nature of Mandamus, delcairn the action of the 3rd respondent in not considering the case of the petitioners for grant of assignment fo respective lands in which the petitioenr have been in possession and enjoument of the same and considering the case of the third parties is arbitrary and unreasonable and consequentlyu direct the respondents to consider the case of the petitioners for grant of assignment of lands in so far as the 1st petitioner is concerned to an extent fo Ac.5.00 in S.No.623, in so far as the 2nd petitioner is concerned to an extent of Ac.4.20 cts in S.No.141, in so far as the 3rd petitioner is concerned to an extent of Ac.2.19 cts. in S.No.313, and Ac.2.71 cts in S.No.314 totalling Ac.4.90 cts in so far as the 4th petitioner is ocncerned to an extent of Ac.2.29 cts in S.No.314, Ac.0.20 cts in S.No.315 and Ac.2.40 cts in S.No.684 totalling Ac.4.89 cts, in so far as the 5th petitioner is concerned to an extent of Ac.4.80 cts in S.No.683, in so far as the 6th petitioenr iss ocncerned to an extant of Ac.3.00 in S.No.310/2, in so far as the 7th petitioner is concerned to an exent of Ac.3.00 ct in S.No.310/2 in so far as the 8th petitioner is concerned to an extent of Ac.4.40 cts in S.No.659, in so far as the 9th petitioner is concerned to an extent of Ac.4.98 cts in S.No.658, in so far as the 10th petitioner is concerned to an extent of Ac.5.00 cts in S.No.175, ub si far as the 11th petitioner is concerned to an extent of Ac.4.99 cts. in S.No.176 and in so far as the 12th petitioner is concerned to an extent of Ac.5.00 cts in S.No.170 situated in Gundamadakala Village, Vinjakmur Mandal of Nellore Dist. by giving preference as per sub order 10(2) of A.P. Board of Revenue standing order 15 and pass Counsel for the Petitioner:MR.K.MURALIDHAR REDDY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following: THE HON’BLE SRI JUSTICE GODA RAGHURAM W.P.No. 14086 of 2002 16-02-2009 Oral Order: The writ petition requires to be rejected. The petitioners, in substance, seek a direction to the respondents to grant them assignment of different extents of land in unlawful possession and enjoyment by them. It is the petitioners’ admitted factual scenario that they are in unlawful and unauthorized occupation of government land in Gundamadakala village, Vinjamur Mandal, Nellore District, which is classified in the revenue records as ‘Poramboku land’. The petitioners claim to have occupied the said land, of course omitting in the pleadings any date or time with effect from which they are in such illegal and unauthorized occupation of the land. They also claim to be the Sivai-jamedars and to be paying the cist to the Government from Fasli 1408 (1999) till date. They represented to the 3rd respondent for assignment of the land and the representations having not been considered they are before this Court seeking the relief already adverted to. The 3rd respondent has filed a counter affidavit wherein in paragraph Nos. 5 to 10, it is specifically pleaded that each of the petitioners (as per the particulars set out in these paragraphs), is ineligible for grant of assignment of occupied lands. It is also pleaded by the 3rd respondent that as per the instructions of the State Government steps are being initiated for assignment of this Government land to eligible beneficiaries and having learnt about this policy by the State, the petitioners have forcibly entered the land on 16-02-2002 and attempted to clear the shrubs. Immediately thereafter the answering respondent directed the petitioners not to enter the property and the petitioners also gave an undertaking that they would not enter the lands. In April, 2002, the petitioners again attempted to enter the land and a complaint was made to the Station House Officer, Vinjamuru Police Station, numbered as crime No. 25 of 2002. The accused were arrested by the Vinjamuru police and sent to judicial custody. Proceedings were also initiated by the Mandal Revenue Officer under Section 145 Cr.P.C. prohibiting the villagers from entering into the lands in question. The counter affidavit has clearly and categorically denied that the petitioners are in occupation and possession of the land or were paying any cist to the Government. It is asserted by the 3rd respondent that the lands in question vest with the Gram Panchayat, Gundamadakala village, Vinjamur Mandal, Nellore District and therefore the question of paying cist by the petitioners does not arise. It is also denied that the names of the petitioners were entered in the revenue records from Fasli 1408. In short every single substantive averment in the writ petition is denied. The counter affidavit has been filed on 29- 08-2002 and when the matter is taken up today, there is no rebuttal on record by the petitioners regarding the assertions made in the counter affidavit by the 3rd respondent. In the light of the categorical denial in the counter affidavit of all the averments and the claims by the writ petitioners, the petitioners are seen to have no manner of right or even a legitimate expectation for grant of assignment. There are no merits. The writ petition is accordingly dismissed. The interim order dated 02-08-2002 granted in W.P.M.P.No. 17602 of 2002 by this Court stand dissolved forthwith. No costs. ____________________ GODA RAGHURAM, J Dated: 16-02-2009 Pvks