THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO.6079 OF 2011 ORDER: The relief sought for in this Writ Petition is to declare the action of respondents 1 and 2, in allotting house sites to respondents 3 to 5 in plot No.3 admeasuring 319 Sq. yards covered by layout in Sy. No.20/4 and 20/5 of Vizianagaram (which the petitioner claims to have been assigned to his father in the year 1977 under the Ex-Serviceman quota) as arbitrary and illegal. According to the petitioner, his father Sri V. Adinarayana Naidu was assigned a house site on payment of market value in the year 1977; he raised a thatched hut in the said land; because of heavy floods the thatched hut was washed away; after his father’s demise, the petitioner inherited the property; and, when he sought to make construction on the said land, he found respondents 3 to 5 to be in possession of the land and to have commenced construction thereupon. Aggrieved thereby, the present Writ Petition is filed. This Court, by interim order dated 11.03.2011, restrained respondents 3 to 5 from raising any construction over the subject land. On vacate petitions being filed both by respondents 3 to 5, and the official respondents, the matter is listed today. It is contended, on behalf of the respondents, that, while an assignment was granted in favour of an ex-serviceman, the petitioner’s father is not the assignee; he did not even pay the market value fixed for assignment of the said house site; no construction was raised on the said plot; for violation of the conditions of assignment, notice was issued; the assignment was cancelled and the land resumed on 05.08.2009; the house site was re-assigned to respondents 3 to 5 in December, 2009; and, when they were seeking to make construction on the said land, the petitioner had filed the present Writ Petition. It is wholly unnecessary for this Court to examine the rival contentions as it is not in dispute that the earlier assignment was cancelled by proceedings dated 05.08.2009, and the land resumed on that day. Both the orders of cancellation and resumption are not under challenge in this Writ Petition. As long as these orders continue to remain in force the action of the respondents, in reassigning the said land to respondents 3 to 5, cannot be faulted nor can this Court interdict respondents 3 to 5 from raising construction on the house sites assigned in their favour. Leaving it open to the petitioner to question the orders of cancellation of assignment and the orders of resumption in accordance with law, the Writ Petition is dismissed. However, in the circumstances, without costs. Date: 02.11.2011 ____________________________ RAMESH RANGANATHAN, J Note: Issue copy by 08.11.2011 B/o MRKR