IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 17784 of 2004 Between: Sri Srinivasa Rope Workers Industrial, Cooperative Society, rep. by its President T. Ankama Raju, S/o. Chenchaiah R/o. Santhanuthalapadu Village & Mandal, Prakasam District. ..... PETITIONER AND 1 The District Collector, Prakasam District. 2 The General Manager, District Industries Centre, Ongole, Prakasam District. 3 The Mandal Revenue Officer, Santhanuthalapadu Mandal, Prakasam District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a Writ of Mandamus or any other appropriate writ, Order or Direction directing the Respondents to allot the land in favour of the petitioner society as per the recommendation made by the 3rd respondent herein in Rc.A,355/2003, dated 21.2.2004 forthwith by declaring the action of the 1st respondent in not considering the recommendation made by the 3rd respondent as arbitrary, illegal and unconstitutional and against the provisions of Board Standing Orders. Counsel for the Petitioner:MR.T.NAGARJUNA REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.17784 of 2004 ORDER: At the interlocutory stage, the main 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 to allot the land in favour of the petitioner society in terms of the report, dated 21.02.2004, submitted by respondent No.3. The petitioner is a society registered under the Andhra Pradesh Co-operative Societies Act, 1964. It sought for allotment of a particular piece of land to carry on its activity. Since no action on its request was taken up by the respondents, it filed W.P.No.6727 of 2001, which was dismissed by this Court on 11.04.2001. However, Writ Appeal No.969 of 2001 filed by the petitioner was disposed of by a Division Bench of this Court, by order, dated 25.06.2001, wherein while confirming the order of the learned Single Judge, the Division Bench however permitted the petitioner to apply for allotment of an alternative site and it was also observed that the same may be considered by the competent authority on its own merit. The petitioner contended that consequent to the order passed by the Division Bench of this Court, it made an application for an alternative site and respondent No.3, vide his report dated 21.02.2004, identified an extent of 14 cents in Sy.No.988/1B1 of Santhanuthalapadu village as suitable land for allotment to the petitioner Society. At the hearing, learned counsel for the petitioner invited my attention to a purported copy of the said report addressed by respondent No.3 to the Revenue Divisional Officer, Ongole. The learned counsel submitted that despite the said report having been sent by respondent No.3, respondent No.1 had so far not acted on the said report. No counter affidavit has been filed. Inasmuch as the claim of the petitioner that respondent No.3 had identified a suitable land for allotment to the petitioner society has not been denied, the writ petition is disposed of with a direction to respondent No.1 to consider the report said to have been submitted by respondent No.3 and allot the land in favour of the petitioner, if respondent No.3 in his report, dated 21.02.2004, has found a suitable piece of land for allotment to the petitioner society. Respondent No.1 shall complete this exercise within a period of six weeks from the date of receipt of a copy of this order. The writ petition is, accordingly, disposed of. As a sequel to disposal of the writ petition, W.P.M.P.No.23329 of 2004 is disposed of as infructuous. _______________________ (C.V.NAGARJUNA REDDY,J) Dt.09.06.2008 v v To 1 The District Collector, Prakasam District. 2 The General Manager, District Industries Centre, Ongole, Prakasam District. 3 The Mandal Revenue Officer, Santhanuthalapadu Mandal, Prakasam District. 4 2CCs to 5 2CD copies