THE HON'BLE SRI JUSTICE S.V. BHATT WRIT PETITION No.6186 of 2009 Between:
1. Vanteru Vijaya and others.
PETITIONERS AND
1. The District Collector, Nellore, and others.
RESPONDENTS ORDER:
The petitioners pray for Mandamus directing respondents 1 and 2 to assign lands in an extent of Ac.10.00 situated in Sy.Nos.121/1, 123/1, 123/2, 124/2 & 124/1 of Vellapalem Village, Chillakur Mandal, Nellore District. The petitioners pray for a further direction to respondents 3 and 4 to pursue criminal action against 5th respondent and their men pending in F.I.R.No.5/2006, dated 10.01.2006 and F.I.R.No.20/2009, dated 6.02.2009 of Chillakur Police Station, Nellore District.
2. The prayer of petitioners is certainly one for confirmation of assignment by this Court and to direct respondents 3 and 4 to proceed with prosecution in the F.I.Rs referred to above. These two are certainly distinct and joinder prayer is also not in the fitness of the other grievance canvassed by the petitioners.
3. Admittedly, the subject matter of the writ petition is Government assessed waste land. Petitioners on the one hand and respondents 5 to 8 on the other hand have been on the strength of respective claims for possession and enjoyment trying to secure assignment from 1st and 2nd respondents. Since the issue of assignment is not finalised by respondents, uncertainty is continuing. The 2nd respondent in the reply has stated that the representation submitted by the petitioners will be disposed of in accordance with law.
4. Admittedly, the petitioners filed representation dated 23.01.2009 before 1st and 2nd respondents for consideration of their cases for assignment. Respondents 5 to 8 also claim that they are entitled for grant of assignment. These two rival claims cannot be considered by this Court, more particularly, having regard to the nature of prayer in the writ petition. This Court is not expressing any view on the entitlement of either of the parties. The 1st respondent, realising the urgency in the matter, is directed to get enquiry into the matter by 2nd respondent and receive report before hand.
5. With a view to give quietus to the long pending issue of assignment of subject land, the 1st respondent is further directed to consider the representation submitted by the petitioners dated 29.01.2009 and pass appropriate orders within a period of two months from the date of receipt of a copy of this order and communicate the same to the parties. Respondents 5 to 8 are given liberty to make representation within four weeks from the date of receipt of a copy of this order, for consideration of their claims as well.
6. With the above observations, the writ petition is disposed of. No order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed.
S.V. BHATT, J.
19th December, 2014 Js.