M VENKATRAMUDU Vs. DISTRICT COLLECTOR ANANTHAPUR DISTRICT

JUDGEMENT

(1.) FIVE petitioners herein are residents of regatipalli village. They filed present writ petition seeking a writ of Mandamus declaring action of respondents (District Collector, ananthapur, Revenue Divisional Officer (RDO), Dharmavaram, and the Tahasildar, dharmavaram Mandal) in finalizing list of beneficiaries for assignment of agricultural lands in the village as illegal and arbitrary.

(2.) THE affidavit in support of writ petition filed by first petitioner contains the following main allegations. It is submitted that the petitioners are landless poor persons and they eke out their livelihood by doing agricultural work and the petitioners are entitled for assignment of agricultural land in terms of the government orders which are in vogue. The respondents have proposed to grant agricultural land available in Regatipalli village, Dharmavaram Mandal in favour of landless poor persons. The 3rd respondent has notified the list of eligible persons through his proceedings in R. C. 164/ 2008 (B) dt. 14. 08. 2008. On seeking the said notification, the petitioners have informed about the ineligibility of several individuals to whom the 3rd respondent is proposing to grant assignment in their favour. It is submitted that as per Board Standing order 15 para 3, only landless and poor persons who directly engaged themselves in cultivation including harijans, ex-toddy tappers, backward communities and weavers shall be eligible for assignment. However the 3rd respondent has proposed to assign the land in favour of individuals who are not engaged in cultivation. It is relevant here to state that the proposed list contains several names who have land in excess of 5 acres. Apart from that the 3rd respondent has proposed to grant assignment in favour of the individuals including the petitioners who are in government service. Though several individuals who are residents of Regatipalli are entitled for assignment the 3rd respondent has not included their names in the proposed list. (emphasis supplied)

(3.) IN addition to the above, petitioners allege that they made a representation on 20. 8. 2008 informing about ineligible persons for grant of assignment. Local M. L. A. , through letter dated 21. 8. 2008 also informed about ineligibility of individuals. In reply thereto, third respondent informed M. L. A. , that it is difficult to verify landholding of proposed assignees. In spite of the same, without enquiring into ineligibility of individuals, third respondent started taking steps for assignment of land. Aggrieved by the same, present writ petition is filed.