K SUBRAMANYAM Vs. MANDAL REVENUE OFFICER

JUDGEMENT

(1.) This writ petition is filed be one K. Subrahmanyam, with a prayer to issue an order or direction, one in the nature of writ of mandamus declaring the action of the Respondents 1 to 3 in not allotting the land in Survey No.434/1, situated at 81-Upparapally Village, Somala Mandal, Chittoor District as illegal and arbitrary. A further direction is also sought for against the Respondents 1 to 3 not to allot the land in Survey Number 434/1 of 81-Upparapally Village to any third party. The Respondents 4 to 17 came on record as per the orders in W.P.M.P. No.3064/s 2004. They claimed that they are the assignees of Ac.0.03 cents each in Survey Number 434.

(2.) It is the case of the writ petitioner that he served in the Indian Army for about 17 years and retired from service in the year November, 2001. He submitted an application for allotment of agricultural land in Chittoor District to his superior officers while in service. His superior officers forwarded his application and subsequently he sent reminders to the District Collector. The petitioner after his retirement came to his native village and occupied a Government land in Survey No.434/1 admeasuring Ac.7.61 cents. He requested the authorities to grant patta for the land in his occupation. When the respondents are contemplating to allot the land to the landless poor for house sites, he has filed the writ petition with the prayer stated supra.

(3.) Respondents 1 to 3 filed counter-affidavit. Sri A. Janakirama Naidu has sworn to the counter-affidavit. It is stated in the counter-affidavit that the petitioner is entitled for assignment to an extent of Ac.2.50 cents wet or Ac.5.00 cents dry as per G.O.Ms.No.743 dated 18-4-1964 and as such he cannot claim more than Ac.2.50 cents dry or Ac.5.00 wet and more so at a particular place. The application of the petitioner is pending for consideration. The petitioner cannot insist for grant of assignment of whole land admeasuring Ac.7.61 cents. It is further stated in the counter-affidavit that the land admeasuring Ac.7.61 cents in Survey No.434/1 was assigned to Scheduled Tribe persons in the year 1975 vide proceedings No.LC/460/ BPM/75 and subsequently as original assignees left the village and their whereabouts would not be known, after following due process of law, their assignment was cancelled vide proceedings Nos.Roc.A/109/2001 dated 26-7-2003. The petitioner has encroached Ac.4.00 in the said survey number and therefore he has no right to continue in possession and occupation of the same. The land bearing Survey No.434 is at a distance about one kilometer from the village and it is suitable for house sites. At the request of Scheduled Tribe persons belonging to Yanadi Community in the village has been considered and pattas have been issued to them through the Proceedings No.1 to 22/ 1413 dated 2-8-2003 and 42 and 43/1413 dated 7-8-2003. The land in question was already assigned to Scheduled Tribe persons by following the caste ratio.