THE HONOURABLE SRI JUSTICE N.V. RAMANA W.P. No.22413 of 2002 Oral order: The petitioner contending that the respondents are trying to assign land in an extent of Acs. 1.50 cents in Sy. No. 54 of Lakkarajupalli village, Ananthasagaram Mandal, Nellore District, to third parties has filed the present writ petition to declare such action of the respondents as illegal and arbitrary. The learned counsel for the petitioner submits that the land in question which the respondents are trying to assign to third parties is a communal land and vests in the panchayat and prayed that directions be given to the respondents not to assign the same to third parties. Pursuant to the notice ordered by this Court, respondent No.1, namely the District Collector, Nellore District, has sent para-wise remarks to the Government Pleader for Revenue. The learned Assistant Government Pleader for Revenue appearing on behalf of the respondents based on the para-wise remarks submitted that land in an extent of Acs. 10.28 cents in Sy. No. 54 is classified as A.W. dry, and that one Smt. K. Ramulamma w/o. Narasaiah, is in occupation of an extent of Acs. 1.50 cents out of the said land. As the said Smt. K. Ramulamma was in illegal occupation of the same, respondent No.2, namely the Mandal Revenue Officer, Ananthasagaram, issued notice calling upon her not to enter and cultivate the same. That the petitioner filed the present writ petition only under apprehension that the respondents may assign the land in question to the said Smt. K. Ramulamma, and prayed that the writ petition be dismissed. As can be seen from the contents of the para-wise remarks, the land in question has not been assigned by the respondents to any third parties, and on the other hand, respondent No.2, namely the Mandal Revenue Officer, Ananthasagaram, had already issued notice to the encroacher of the land in question calling upon her not to enter into the land and cultivate the same. The petitioner only under apprehension that the respondents may assign the land to third parties filed the present writ petition, and considering the fact that assignment of the land in question to any third parties is denied, I am of the considered opinion that the writ petition filed by the petitioner is premature and is liable to be dismissed. Hence, the writ petition is dismissed as premature. No costs. ________________ N.V.RAMANA, J Dated: 17th March, 2010 KSR