IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTEENTH DAY OF JUNE, TWO THOUSAND EIGHT ONLY PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.13279 of 2005 Between: Chikka Mahalingappa … Petitioner AND The District Collector, Anantapur District, Anantapur & another. … Respondents Counsel for the petitioner : Sri T.P. Achargy Counsel for the respondents: GP for Land Acquisition This Court made the following: THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.13279 of 2005 ORDER:- At the interlocutory stage, the writ petition is taken up for hearing and disposal with the consent of the learned counsel for the parties. This writ petition is filed for a writ of Mandamus to direct the respondents not to take any steps to allot land admeasuring Ac.2.50 cents in Sy.No.7-1 of Agali Village. Heard Sri T.P. Acharya, learned counsel for the petitioner and the learned Government Pleader for Land Acquisition. In the affidavit filed in support of the writ petition, the petitioner claimed that he is in possession of the abovementioned land and that he along with other family members have right over the said property. It is also averred that respondent No.2 initiated process for construction of houses over the said land and that during that process he dealt with his father. Claiming that he has right over the property, the petitioner filed the present writ petition to direct the respondents not to take steps to allot the abovementioned land to third parties, without following due process of law. In the counter-affidavit filed by the Mandal Revenue Officer, Agali Mandal, Anantapur District, it is averred that the father of the petitioner is the owner of the property in question and in pursuance of G.O.Ms.No.92 Social Welfare (LA) Department, dated 29.12.2004, the land was purchased under Land Purchase scheme by paying the cost of the land to the father of the petitioner. He also averred that the amount of Rs.60,000/- towards the cost of Ac.1.50 cents of land was paid to the father of the petitioner vide DD.No.051835 dated 06.07.2005 and that the other extent of Ac.1.00 was taken from Krishnappa son of Eranna of Irrigepalli, Gollahatti, who is the pattadar of the said land. No reply affidavit is filed controverting these allegations. Inasmuch as there is obvious dispute between the petitioner and his father regarding the entitlement to receive the cost of the property, the petitioner cannot prevent the respondents from taking over the land, which was purchased from his father. Hence, I do not find any merit in this writ petition and the same is accordingly dismissed. However, liberty is given to the petitioner to initiate appropriate legal proceedings to claim his share of cost towards the property in question from his father. As a sequel to dismissal of the writ petition, WPMP.No.16854 of 2005 and WVMP.No.2422 of 2005 are disposed of as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J Date: 18.06.2008 ES