HON’BLE MR.JUSTICE R.SUBHASH REDDY Writ Petition No.23461 of 2008 Date: June 27, 2011 Between: Kunapam Dandayya, S/o.late Chinna Venkanna, aged 50 years, R/o.Mangapathidevipet, Koyyalagudem Mandal, Koyyalagudem, West Godavari District and others … Petitioners And The Government of A.P., represented by its Secretary, Department of Revenue, Secretariat Building, Hyderabad and others … Respondents Order: Petitioners seek a writ of mandamus declaring the action of respondents 1 to 4 in not disposing of the representation dated 15.07.2008 filed by them as illegal and arbitrary and consequential directions to respondents 1 to 4 to assign the land in question to them by cancelling the D-Form Patta granted in favour of the fifth respondent. It is stated in the affidavit filed in support of the writ petition that all the petitioners, residents of Mangapathidevipeta of Koyyalagudem Mandal of West Godavari District, submitted a representation dated 15-07-2008 stating that the land admeasuring Ac.4.05 cents in Sy.No.267/1 situated at Mangapathidevipeta village of Koyyalagudem Mandal, was assigned to the fifth respondent herein vide proceedings dated 31-03-1975 in L.D.No.66/84, but he is not cultivating the same; as such it is to be cancelled and same is to be assigned to them. Although no counter-affidavit is filed, based on the written instructions received by the Government Pleader for Revenue from the Tahsildar, Koyyagudem, it is submitted that the land in question was assigned to the fifth respondent in the year 1975; based on the representation of the petitioners, enquiry has been conducted which revealed that the fifth respondent is in possession of the land in question and is cultivating the same. If the petitioners are landless poor persons, they may apply for grant of assignment of Government land which is fit for agriculture; but they have no right to seek cancellation of assignment of land made in favour of a third party. It is evident from the instructions obtained by the learned Government Pleader that third respondent has been assigned the land in question as early as in the year 1975 and is in possession and enjoyment of the same. Hence, I see no reason to issue directions to the respondents as sought for by the petitioners. Writ petition is accordingly dismissed. However, it is made clear that this order will not preclude the petitioners from making a representation to the respondents seeking assignment of any other Government land available in the village. I am sure that if any such representation is made, the same will be considered and appropriate action will be taken keeping in mind that petitioners claim that they are landless poor persons. No order as to costs. _____________________________ (R.SUBHASH REDDY, J) June 27, 2011 MRR