THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.21842 of 2008 ORDER: Although the matter is listed under the caption ‘interlocutory’, at the request of the learned counsel for the parties, the Writ Petition itself is taken up for hearing and being disposed of by this order. This Writ Petition is filed seeking a mandamus declaring the action of respondents 1 to 3 in granting D.K.T. patta in favour of respondents 4 and 5 by assigning Acs.2.00 cents each covered by Survey No.219 situated at Gannepalli Village, Udayagiri Mandal, Nellore District, to respondents 4 and 5, as illegal and arbitrary. It is the case of the petitioners that their father cultivated the land covered by Survey No.219 from the last about 60 years and after his death, they succeeded to the same. It is stated that land in Survey No.219 is totally admeasuring Acs.7.76 cents, out of which, land to an extent of Acs.5.00 cents was allotted to the petitioners by way of assignment and remaining Acs.2.50 cents of land was allotted to one Pulitti Nagabhushanam. It is the grievance of the petitioners that though they are in possession of the land, which is assigned to them, without examining the correct extents in the above said land, respondents 4 and 5 were assigned land admeasuring Acs.2.00 cents each in the same Survey Number. At the stage of admission, this Court by order, dated 30.09.2008, granted status quo with regard to possession. The third respondent – Tahsildar, Udayagiri Mandal, Nellore District, as well as respondents 4 and 5 filed their respective counter- affidavits. In the counter-affidavit filed by the third respondent, it is admitted that the first petitioner was assigned land to an extent of Acs.5.00 cents in Survey No.219/2 of Gannepalli Village, Udayagiri Mandal, Nellore District, in F.Dis.No.2389/84 F, dated 27.12.1974 and has been cultivating the same. It is stated that as necessary entries with regard to assignments made in favour of the petitioners are not incorporated in the village accounts, the authorities under the impression that the land in Survey No.219/2 admeasuring Acs.5.00 cents was vacant and not assigned to anybody, assigned the land to an extent of Acs.2.00 cents each in favour of respondents 4 and 5, in 2008. It is clearly stated that as respondents 4 and 5 have been granted D-Form pattas under the mistake of fact, action is being taken to cancel their D-form pattas and to provide them alternative site admeasuring Acs.2.00 cents each covered by Survey No.198 situated at Gannepalli Village, Udayagiri Mandal. In a separate counter-affidavit filed by respondents 4 and 5, they claim possession over the land in question, basing on the assignments made to them. From the counter-affidavit filed by the third respondent, it is clear that land admeasuring Acs.5.00 cents covered by Survey No.219/2 has already been assigned to the first petitioner and as the entries were not incorporated in the Village accounts after the assignment was made in favour of the first petitioner, the assignments were made in favour of respondents 4 and 5 allotting land admeasuring Acs.2.00 cents each, in 2008. It is also clear that there are proposals to allot alternative land to respondents 4 and 5 in Survey No.198. For the aforesaid reasons, I deem it appropriate to quash the assignment made in favour of respondents 4 and 5 with regard to land admeasuring Acs.2.00 cents each, covered by Survey No.219/2, in 2008. However, there shall be a direction to the official respondents to allot alternative equivalent land either in Survey No.198 or any other Survey Number, if not already allotted, within a period of two (2) months from today. Accordingly, the assignment made in favour of respondents 4 and 5 with regard to land admeasuring Acs.2.00 cents each, covered by Survey No.219/2, in 2008, is hereby quashed and the Writ Petition is allowed with the direction referred to above. No order as to costs. ______________________ R.SUBHASH REDDY, J 9th SEPTEMBER, 2011. kvni