IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINTH DAY OF FEBRUARY TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.5786 of 2006 BETWEEN Pallamala Nagaraju and another. ... PETITIONER AND The District Collector, Nellore District and four others. ...RESPONDENTS Counsel for the Petitioner: MR. G. TUHIN KUMAR Counsel for the Respondents: GP FOR REVENUE GP FOR ASSIGNMENT GP FOR HOME The Court made the following: ORDER: The petitioners sought assignment of an extent of land admeasuring Ac.4.50 cents in Sy.No.61 of Vellapalem village, Chillakur Mandal, Nellore District. Aggrieved by the inaction of the authorities in granting the assignment, they filed the present writ petition. 2. The Mandal Revenue Officer, Chillakur Mandal, Nellore District, third respondent herein, filed a counter on behalf of the authorities stating that an extent of Ac.5.18 cents in Sy.No.61 of Vellapalem village was assigned to one Perugu Subbaiah in the year 1964. After his death, his legal heirs are said to have inherited the assigned land and pattadar passbook and title deeds under the Andhra Pradesh (Rights in Land and Pattadar Pass Books) Act, 1971 were also issued to them. In that view of the matter, the authorities stated that it was not possible to consider the request of the petitioners for assignment of the subject land. 3. While so, it is now brought to the notice of this Court that the assignment in favour of the legal heirs of the original assignee, Perugu Subbaiah, was cancelled by the Joint Collector, Nellore District, by order dated 30.09.2009. The said order of cancellation is presently the subject matter of an appeal before the Chief Commissioner of Land Administration, Andhra Pradesh, Hyderabad. 4. On instructions, the learned Assistant Government Pleader for Assignment stated that pursuant to the order of cancellation of assignment the possession of the subject land has been taken over by the Government but in view of the pendency of the appeal, no proceedings were taken as per the order of the Tahsildar, Chillakur Mandal, dated 25.01.2010 to consider assignment of the subject land to other eligible persons of Vellapalem village. 5. As the matter is still pending before the appellate authority and the cancellation of the assignment in favour of the legal heirs of the original assignee, Perugu Subbaiah, is yet to attain finality, it would be premature for this Court to voice any opinion as to the entitlement of the petitioners to seek assignment of the subject land. In the event the order of cancellation of the assignment attains finality and the Government proposes assignment of the subject land to eligible persons, the respondents may consider the case of the petitioners for assignment as per the rules. With the above observations, the writ petition is disposed of. There shall be no order as to costs. ______________ SANJAY KUMAR, J February 9, 2011 Note: Furnish C.C. of the order in ten (10) days. (B/o) DSK