JUDGEMENT
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(1.)The petitioner's father was assigned an
extent of Acs.3.00 of dry land in Survey
Nos.778/1 and 778/2 of Charakonda Village,
Vangooru Mandal, Mahaboobnagar District.
The land was brought into cultivation. After
the death of petitioner's father, the petitioner
succeeded to the property and his name was
also allegedly entered in the revenue records,
but due to severe drought, he could not raise
crops and started eking out livelihood as a
cooly. When he visited the village in April
2004, he observed that fourth respondent,
who also got assignment of land in Survey
No.778/6 admeasuring Acs.2.00,
encroached/occupied the land assigned to
petitioner's father and therefore, he
approached the revenue authorities
requesting to take necessary action under
the provisions of A.P. Assigned Lands
(Prohibition of Transfers) Act, 1977 (the Act,
for brevity), in vain. Therefore, he filed the
present writ petition seeking direction to the
respondents 1 to 3 to take appropriate action
against fourth respondent for alleged
contravention of the provisions of the Act.
(2.)The learned Counsel for the petitioner,
Sri V. Narayana Reddy, made forcible
submissions on the same lines as are
mentioned in the affidavit accompanying the
writ petition. He also placed reliance on a
judgment of Division Bench of this Court in
U. Pandaiah v. Mandal Revenue Officer,
Sydapuram.
(3.)The learned Assistant Government
Pleader, Sri A.Hari Prasada Reddy, submits
that if the land is assigned to the petitioner's
father as well as fourth respondent and the
latter has encroached upon the land, it gives
rise to a civil dispute and a writ petition is not
maintainable. It is brought to the notice of this
Court that the petitioner belongs to Scheduled
Caste (Mala) whereas the fourth respondent
belongs to a non-Scheduled Caste or
Scheduled Tribe.
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