IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SECOND DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO : 13853 of 2001 Between: 1 C.Lakshminarayana S/o.Tirupataiah R/o.Racheruvurajupalem Village, Linga Samudram Mandal, Prakasham District. 2 C.Seshamma W/o.Ramaiah R/o.Racheruvurajupalem Village, Linga Samundram Manadl, Prakasham District. ..... PETITIONER(S) AND 1 The Mandal Revenue Officer, Linga Samudram Mandal, Linga Samudram, Prakasham District. 2 The District Collector, Prakasham District. .....RESPONDENT(S) 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 to call for the records and issue a writ or order or direction particularly one in the nature of Writ of Mandamus and set aside the impugned proceedings of the 1st respondent issued in HS2/1410F dated 2.3.2001 and pass Counsel for the Petitioner:MR.T.LAKSHMI NARAYANA Counsel for the Respondent : GP FOR ASSIGNMENT FOR R The Court made the following : THE HON’BLE SRI JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO.13853 OF 2001 ORAL ORDER: The petitioners, claiming possession over an extent of 7 acres in Survey No.42 of Racheruvurajupalem Village, Linga Samudram Mandal, Prakasam District, since the year 1996, are said to have approached the Mandal Revenue Oﬃcer, Linga Samudram Mandal, the ﬁrst respondent herein, for assignment of the said extent of land in their favour. It is stated that the ﬁrst respondent issued D-Form Pattas to them in respect of this land on 28.05.1998. Apprehending that the land assigned to them was being allotted to others under proceedings bearing No.HS2/1410F dated 02.03.2001, the petitioners ﬁled the present writ petition. The Mandal Revenue Oﬃcer, Linga Samudram Mandal, ﬁled a counter aﬃdavit admitting the fact that the petitioners were granted assignment over an extent of 7 acres in Survey No.42 of Racheruvurajupalem Village, Linga Samudram Mandal, in the year 1998. It is, however, stated by the Mandal Revenue Oﬃcer, Linga Samudram Mandal, that the possession of the said land was not handed over to the petitioners. Be that as it may, it is further stated that the proceedings dated 02.03.2001 did not concern the petitioners inasmuch as the same pertain to the allotment of Ac.2.44 cents in Survey No.42, being land other than that assigned to the petitioners. It is categorically stated in the counter that no proceedings had been initiated to cancel the assignment made in favour of the petitioners. There appears to be a dispute with regard to the alleged possession of the petitioners over the subject land which, in any event, cannot be resolved by this Court in a writ petition. However, the averments in the counter aﬃdavit clearly demonstrate that there was no cause of action for the petitioners to approach this Court. It appears that the petitioners ﬁled the writ petition on a mere apprehension, without ascertaining correct facts. In the light of the averments made in the counter aﬃdavit that no proceedings were initiated to cancel the assignment made in favour of the petitioners, the matter does not survive for adjudication. Accordingly, the writ petition is dismissed. There shall be no order as to costs. _________________________ P.V.SANJAY KUMAR, J. 22nd October, 2008. VGSR