THE HON’BLE SRI JUSTICE V. ESWARAIAH W.P.No. 6253 OF 2005 ORDER: The petitioners question the order of the Commissioner, Land Revenue, Andhra Pradesh, Hyderabad in Spl.CLR’s Proceedings No.BCW5/576/86 dated 17.11.1998 stating that the same is contrary to the earlier order of this Court. It is the case of the petitioners that they are in peaceful possession and enjoyment of the Government land in an extent of Acs.33.89 cents in survey No.1/1 of Gangavaram Village, Kamalapuram Mandal, Kadapa District for more than 25 years; they are cultivating the said land continuously by paying cist; they have been granted eksal lease permission by order of the Mandal Revenue Officer, Kamalapuram, Kadapa District on 24.07.1985 and the same is being renewed from time to time. While so, the Revenue Divisional Officer, Kadapa inspected the said land and conducted open enquiry in the village on 11.02.1986, in which, all the parties have participated and after detailed enquiry, he observed that eksal lease was granted in favour of the petitioners as they are landless poor, but, thereafter, based on the report of the Joint Collector and the Revenue Divisional Officer, the Mandal Revenue Officer by order dated 17.02.1986 cancelled the eksal lease permission granted earlier in favour of the petitioners. Against the said order, some of the petitioners have filed an appeal before the Commissioner for Land Revenue on 03.03.1986. As stay was refused, they have filed a revision before the Government and the Government though initially granted stay subsequently vacated the same. Therefore, the petitioners have filed W.P.5935 of 1986 before this Court questioning the order of the Government vacating the stay and the said writ petition was disposed of by order dated 25.01.1989 directing the Commissioner for Land Revenue to dispose of the appeal within a period of two months and the second respondent-Commissioner disposed of the appeal without notice to the petitioners and the said order is questioned in this writ petition. I have perused the impugned order of the second respondent dated 17.11.1998. Admittedly, eksal permission was granted in favour of some others in respect of Acs.2.50 cents each and thereafter, they were dispossessed on the ground that the original allottees are not found in possession of the said land and on the other hand, the said land was transferred in the names of the petitioners by granting eksal permission on 14.07.1985 and the petitioners are cultivating the said land from 1986 onwards and the said eksal permission was cancelled by proceedings dated 17.02.1986. It is stated that eksal lease was granted permitting them to cultivate the land for a period of one year and therefore, eksal leaseholder cannot have any vested right to continue the eksal lease beyond one year. Admittedly, the land belongs to the Government and it is an assignable land. The Commissioner also noticed that eligible sivai jamadars have priority in assignment. Accordingly, directed the Collector, Cuddapah District to make assignment to eligible sivai jamadars and evict ineligible sivai jamadars. In the counter it is stated that the District Collector has taken a decision to grant assignment to the eligible landless poor persons of Gangavaram Village of Kamalapuram Mandal and the petitioners cases will also be considered as per the rules along with others. I do not see any illegality in the said order, in view of the fact that even after issuing the notices to the petitioners also, it cannot be said that the petitioners are entitled to get some other order. The said order is legal and valid. Accordingly, the writ petition is disposed of directing the respondents to consider the claim of the petitioners for assignment, if they are eligible along with other eligible candidates who are entitled for assignments while giving preference to the scheduled castes and scheduled tribes, poor people of the concerned village. No costs. V. ESWARAIAH,J Dt.31.03.2011 lvl THE HON’BLE SRI JUSTICE V. ESWARAIAH W.P.No. 6253 OF 2005 Dt. 31.03.2011