( 1 ) THE petitioner states that he was a landless poor person and was eligible for assignment of land. In the year 1979 he submitted an application to the then tahsildar for assignment of a suitable land. He further states that after conducting a detailed enquiry in the village and after following the procedure prescribed by law, through proceedings DAR Dis. No. 202/89 (K), dated 6-11-1979, land to an extent of 1. 39 acres in Survey No. 276-2 was assigned to him. He took the possession and is enjoying the possession of the land. He submits that, there is a private tank situated adjacent to his land in Survey No. 275 which has been recognised by the Collector as such by proceedings dated 8-10-1937. The 5th respondent has some wet land in Survey no. 386. In order to get his land irrigated the 5th respondent encroached upon the land to an extent of 50 cents belonging to the petitioner and only 89 cents were left for cultivation to the petitioner. Therefore the petitioner brought the matter to the notice of the authorities. He further states that his representations were pending before the authorities when the 5th respondent moved an application to the 3rd respondent ta