IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWELFTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO : 10172 of 2001 Between: Bandi Ramappa S/o. Bandi Venkataramana R/o. Eguva Thotapalli, H/o. Tavalam Village, Tanakal Mandal, Anatapur District. ..... PETITIONER AND 1 The District Collector, Anantapur. 2 The Mandal Revenue Officer, Tanakal Mandal, Anantapur District. 3 The Deputy Executive Engineer, Housing Corporation, Hindupur Division, Anantapur 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 issue Writ of Mandamus or any other appropriate writ or direction declaring the action of the respondents in theatening to dispossess the petitioner fro the land in Sy.No.401-4 of Eguva Thotapalli H/O Tavalam Village, Tanakal Mandal, Anantapur District without acquiring the same under the provisions of land Acquisition Act as illegal, arbitrary and without jurisdicition and pass Counsel for the Petitioner:MR.O.MANOHER REDDY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO.10172 OF 2001 ORAL ORDER: This writ petition is ﬁled challenging the action of the respondents in threatening to dispossess the petitioner from the land in Survey No.401-4 of Eguva Thotapalli, Hamlet of Tavalam Village, Tanakal Mandal, Anantapur District, without acquiring the same under the provisions of the Land Acquisition Act. The petitioner claims to have purchased the subject land admeasuring Ac.1.75 cents in Survey No.401-4 from his brother, the original owner, under registered sale deed dated 07.02.1968. The present writ petition is ﬁled by the petitioner apprehending that the respondent authorities were initiating steps to issue pattas in respect of the land belonging to the petitioner. A counter aﬃdavit is ﬁled by the Tahsildar, Tanakal, Anantapur District, on behalf of respondents 1 and 2 stating to the eﬀect that no assignment of house site pattas was undertaken by the authorities on their own. It is stated that the applicants-beneﬁciaries of the assignment had already occupied the house sites and no objection had been raised by the writ petitioner and his family members. In view of the same, possession certiﬁcates were issued in favour of the applicants-beneﬁciaries. It is further stated that the petitioner and his family members did not raise any objection at that time also. The counter also records the fact that the petitioner entered into a compromise with the applicants-beneﬁciaries and settled the matter. A statement is said to have been made in this respect before the Enquiry Authority by the petitioner expressing his ‘no objection’ to the possession and enjoyment of the land by the applicants-beneficiaries. In view of the averment made in the counter aﬃdavit, which is not rebutted by the petitioner, it is clear that no cause of action survives in this writ petition. The writ petition is accordingly dismissed as infructuous. There shall be no order as to costs. _________________________ P.V.SANJAY KUMAR, J. 12th November, 2008. VGSR