KANUMURI ANJI RAJU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The validity of the proceedings of the District Collector making an assignment of lands on the eastern side of disafforested reserve of Pittalavari-palem village, Bapatla Taluk, Guntur District to respondents 2 to 7 is impeached in this writ petition.

(2.) In order to appreciate the contention raised in this petition, it is useful to refer to the background of this litigation. In or about the year 1947, the then Government of Madras decided to make an assignment of some lands to political sufferers. To effectuate this policy, they were issuing instructions to their subordinates from time to time. The earliest Government Order placed before us was issued on 23-12-1947, attempting to define a political sufferer and reserving to the Government the power to ultimately decide as to who exactly was a political sufferer and prescribing the procedure for making applications by political sufferers in order to get grants of, lands from the Government. Another notification was published by the Govemment setting out the order in which the assignments were to be made. By this, the Collectors concerned were directed to give priority to persons, who had actually gone to jail, and, in the case of other political sufferers who had not gone to jail, they had to obtain certificates from the District Congress Committees about their being eligible for these grants. We need not refer to the other instructions bearing upon the allotment of lands to political sufferers. Suffice, it to say that by reason of this notification, the petitioners, along with several others, appear to have applied to the Collector, Guntur, for the grant of lands to them.

(3.) The proceedings of the District Collector dated 17-10-1951, which is the foundation of the claim of the petitioners, reads as follows: