PERUMAL KONAR AND ORS Vs. PONNAN AND ORS

JUDGEMENT

(1.) The respondents are landless poor Harijans of Mangulam in Vridhachalam Taluk. In the first quarter of 1958 they were assigned waste Government lands under the Board's Standing Orders in R.S. Nos. 114/1, 54/4, 115/1, 21/12-B, 54/2, 54/3, 50/1, 54/1, 50/2, iii/i, 36/16, 189/1, 189/2 and 50/4 of Mangulam villages. It would appear that the caste ryots of the village who were interested in these waste lands objected to the assignment and therefore sought to disturb the possession of the assignees.

(2.) I need not point out that waste lands are always at the disposal of the Government. Rules for assignment are twofold. If the waste lands are being reserved for assignment to certain categories of people like Harijans or Tyagls or ex-military men, the right of the State to assign them to them cannot be disputed. But if in the case of unreserved waste lands competition for assignment is between two sets of unprivileged persons, the Board's Standing Orders make provision for preference being given to persons who have been cultivating the lands or owners of adjoining land, etc.

(3.) Therefore, in this case, the State was at perfect liberty to assign the land to poor Harijans of Mangulam and therefore the respondents have got title to these disputed lands.