IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SEVENTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.21596 of 2000 Between: 1 Kothireddy Venkateswarlu S/o.Venkaiah R/o. Narukuru Village T.P.Gudur Mandal Nellore District 2 Vempaluru Kondaiah S/o. Polaiah R/o. Narukuru Village T.P.Gudur Mandal Nellore District 3 Kothireddy Seshamma S/o.Venkaiah R/o. Narukuru Village T.P.Gudur Mandal Nellore District ..... PETITIONERS AND 1 The District Collector Nellore Nellore District 2 The Mandal Revenue Officer T.P.Gudur Mandal Nellore District .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an order or Writ more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not considering for assignment of 20 cents of land in favour of the 1st Petitioner, 15 cents of land in favour of the 2nd Petitioner and 15 cents of land in favour of 3rd Petitioner comprised in Survey No.17 and situated between Johnsaheb Canal and petitioners patta lands in suvey No.s 44,45A,45B and 46 of Narukuru Village , T.P.Gudur Mandal, Nellore District and the further action of the respondents in seeking to assign the same in favor or the third parties as illegal, arbitrary , unjust, contrary to B.S.O.No.15 and also offends art.14,19(i)(g) of the constitution of India and consequently direct the respondents to consider the case of the petitioners for assignment of the said extent of land considering their long possession and enjoyment and pass such other order or orders as the Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioners:MR.P.SRIDHAR REDDY Counsel for the Respondents: GP FOR ASSIGNMENT The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.21596 of 2000 ORDER: This writ petition has been filed seeking a Writ of Mandamus to direct the respondents to assign the lands admeasuring Ac.0-20 cents in favour of the 1st petitioner, Ac.0-15 cents in favour of the 2nd petitioner and Ac.0-15 cents in favour of the 3rd petitioner in Sy.No.17 situated at Narukuru Village, T.P.Gudur Mandal, Nellore District, on the ground that the said lands are situated abutting to their lands and, therefore, for proper cultivation of their lands, the said lands are required. A counter has been filed stating that the land admeasuring Ac.0-50 cents in Sy.No.17 situated at Narukuru Village is a Government canal poramboke land and, therefore, the said land cannot be assigned in favour of the petitioners or anybody. Learned counsel appearing for the petitioners submits that the writ petition has been filed only on apprehension that the land in question may be assigned in favour of third parties. However, in view of the counter that the Government canal poramboke land cannot be assigned in favour of anybody, the learned counsel appearing for the petitioners is not pressing the writ petition. Accordingly, the writ petition is dismissed as not pressed. There shall be no order as to costs. ___________ 27-02-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{PRASAD}