IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 4937 of 2009 Between: Kalikiri Masthanaih S/o.Pakiraiah R/o.Harijanawada, Gunapati Palem village, Chittamooru Mandal, Sri Potti Sriramulu Nellore District ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep.by its Principles Secretary (Assignments-II) Revenue Department, Secretariat Buildings Saifabad, Hyderabad 2 The District Collector, Nellore Sri Potti Sriramulu Nellore District 3 The Thasildar, Chittamooru Mandal Sri Potti Sriramulu Nellore 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 issue a writ order or direction more particularly one in the nature of writ of mandamus declare the inaction on the part of the respondents in considering the representations made by the petitioner dated 7.12.2006 29.4.2008 and 11.8.2008 for assigning the lands in favour of the petitioner in S.No.403 for an extent of Ac.2.14 cents situated at Gunapatipalem village, Chittamooru Mandal, SPR Nellore District on the other hand by allotting the same to weaker sections for house site patta ignoring the longstanding possession of the petitioner amounts to erroneous arbitrary and violative of Article 14,21 and 300(A) of Constitution of India and consequently direct the respondents not to dispossess the petitioner from the lands in S.No.403 for an extent of Ac.2.14 cents situated at Gunapatipalem village, Chittamooru mandal, SPR Nellore District Counsel for the Petitioner: MR.T.C.KRISHNAN Counsel for the Respondents: GP FOR REVENUE The Court made the following : ORDER: The father of the petitioner was in occupation of Acs.2.14 cents of land in Survey No.403 of Gunapatipalem Village, Chittamooru Mandal, SPR Nellore District. It was resumed to the Government vide proceedings dated 20-01-2003 by the Mandal Revenue Officer, Chittamooru Mandal, Nellore District. Aggrieved thereby, the petitioner filed Writ Petition No. 17938 of 2003. The writ petition was dismissed on 29-08-2006. Though the petitioner filed Writ Appeal No. 1261 of 2006, it was withdrawn with liberty to make a representation to the concerned authorities. The petitioner states that he made a representation dated 17-12- 2006 to the District Collector with a request to assign the land to him and complains that no action has been taken thereon. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue. Once the land has been resumed from the petitioner or his father, it cannot be said that any right subsists in the petitioner. The petitioner no doubt made a representation but it does not give rise to any cause of action. The respondents do not owe any obligation to the petitioner for assignment of the land. At the most, his case may be considered as and when the land is identified for assignment to individuals. Hence, the writ petition is disposed of with an observation that in case the land resumed from the petitioner is proposed for assignment, the case of the petitioner shall also be considered. This order cannot be treated as conferring any preferential rights to the petitioner. L. NARASIMHA REDDY, J 13-03-2009 ks