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4. On service of notice, petitioner No.l filed counter affidavit on his behalf and on behalf of the second petitioner resisting the claim of the applicant-State stating that they and their predecessors-in-title have been in possession and enjoyment of the land for the last 50 years and thereby perfected their title by adverse possession. They have been cultivating the same without interference either by the Government or other. It is further stated that the petitioners herein are the landless poor persons. They are mainly depending on the schedule land. Their family consists of 10 members and they have been paying land revenue for the last 50 years. According to them, in the year 1962, the then Tahsildar, issued notice under Section 7 of the Land Encroachment Act to their father G. Mallaiah. On the representation given by Sri late Mallaiah, eviction proceedings were dropped. On 1-3-1986 once again the Mandal Revenue Officer issued a notice under Section 7 of the Land Encroachment Act and the same was replied by their father on 4-4-1986, The said proceedings were also dropped. According to them, the revenue records disclose that they are in possession and enjoyment of the land for the last 50 years. Their further case is that they dug well and installed a pump set in the year 1986 itself and raising wet crops for the last 14 years.

(2) That the petitioner is in possession of the above referred land since more than 50 years as he being the landless poor person. Further, he has invested considerable amounts for its developments by digging a well and installing electric motor with pumpset and also fencing the said land.
(3) That the petitioners possession is continuously being recorded in the pahanies since more than 50 years and also the petitioner paid the land revenue in respect of the said lands.
(4) That the said land initially brought under cultivation by the petitioner nearly 50 years back by reclaiming the land and developing the same as per the Government-policy for assigning the land to the landless poor persons. Further the petitioner has been given understanding that the said land shall be assigned to the petitioner and it is under continuous, uninterrupted and peaceful possession of the said land, hence his possession could not be termed as unauthorised or unlawful.
Provided that physically handicapped persons who satisfy the normal criteria as others should not be discriminated in the matter of assignment simply because they are physically handicapped."

26. Rule IV defines the landless poor persons which reads as follows:

"A landless poor person is one who owns not more than one acre of wet or 5 acres or dry land and is also poor. The question whether a person is poor or not is left to the discretion of the assigning authorities. One acre of wet will be treated as 5 acres of dry land. Irritable dry land shall be treated as wet land. The share of each member of a joint family, as also the enjoyment of the income of the joint family by an applicant will be taken into consideration for deciding whether or not he is a landless poor person."

29. Rule XIII deals with the powers of assigning authorities.

30. The Government by their subsequent G.O. Ms. No.1724, Revenue Department dated 26-8-1959, again revised the assignment policy. As per Rule I of the revised Rules, Poramboke land shall be eliminated from the category of lands not available for assignment and they should made assignable. Rule II deals with the landless poor person which reads as follows:

"A landless poor person is one who owns not more man two and half acres of wet land or five acres of dry land and one acre of wet land will be treated as two acres of dry land."