IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 7694 of 2009 Between: K. Sumanth Reddy, S/o. K. Narender Reddy, Jalalpur (V), R/o. Jalalpur Village, Bommalaramaram (M), Nalgonda Dist. ..... PETITIONER AND 1 Government of Andhra Pradesh Rep. by its Secretary, Revenue Department (Assignment) Secretariat, Hyderabad -4. 2 The District Collector, Nalgonda District, Nalgonda. 3 The Revenue Divisional Officer, Bhongir Division, Bhongir, Nalgonda District. 4 The District Panchayat Officer, Nalgonda District, Nalgonda. 5 The Tahsildar, Bommalaramaram (M), Nalgonda District. 6 The Panchayat Secretary, Jalalpur Village, Bommalaramaram (M), Nalgonda District. 7 The Secretary, Dist. Soldier's Sailors & Airmen's Board, Nalgonda District, Nalgonda. 8 Prathikantam Vigneshwara Raju, S/o. Late P. Venkata Rama Narsa Raju, R/o. H.No. 2-3-919, Rd. No. 1, Arunodoya Nagar, Nagole Village, R.R. Dist., Hyderabad. 9 Adla Sudhakar Reddy, S/o. late Raghava Reddy, R/o. Plot No. 34, Amarjyothi Colony, New Bowenpally, Secunderabad - 009 10 Adla Karunakar Reddy, S/o. late Raghava Reddy, Jalalpur Village, Bommalaramaram Mandal, Nalgonda 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 a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the official respondents in granting 2nd assignment to the 8th Respondent admeasuring 5 Acres of dry land in Sy. No. 336 of Jalalpur Village, Bommalaramaram Mandal, Nalgonda District as contrary to law, unjust and illegal and consequently direct the official respondents to resume the land as per law for utilization by needy persons and pass Counsel for the Petitioner:MR.C.M.R.VELU Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE GODA RAGHURAM W.P.No. 7694 of 2009 10-06-2009 Oral Order: The writ petition is filed by the Upa Sarpanch of Jalalpur village, Bommalaramaram mandal, Nalgonda District alleging in substance that the 8th respondent, an ex- serviceman was twice allotted land in an extent of Ac.05-00 each time, arbitrarily by the official respondents. It is alleged that earlier the 8th respondent was assigned Ac.05-00 dry land in survey No. 418 of Atmakur village and Mandal, Nalgonda District during 1983-84; that the said respondent alienated the assigned land in favour P. Chinna Narayana son of Chandraiah and P. Venkatamma wife of P. Chinna Narayana, who in turn had sold the said land through a sale deed to Kokonda Jagan son of Nagaiahon09-01-2006. The 8th respondent is alleged to have again with the support of respondent Nos. 9 and 10 applied for assignment and obtained assignment of Ac.05-00 of land in survey No. 336/1 in Jalalpur village, Bommalaramaram mandal, Nalgonda District on 11-10-2006. It is also alleged that the respondent Nos. 9 and 10 had illegally built a 70 x 70 square feet commercial building and have set up a packaged drinking water plant in the said land. In any event this allegation, of the construction of a building and setting up a packaged drinking water plant by the respondent Nos. 9 and 10 have no nexus to the substantial grievance in the writ petition which is directed against the allotment of land in an extent of Ac.05-00 on two occasions by the State in favour of the 8th respondent. T.V. Ranga Sai Setty, the Tahsildar, Bommalaramaram has filed a counter affidavit on behalf of the respondent Nos. 1,2,3 and 5, being the 5th respondent. While stating in paragraph No.2 that ‘the matter is under enquiry and action will be initiated only after completion of enquiry’, in paragraph No.3 the answering respondent states that in respect of the earlier assignment in favour of the 8th respondent of Ac.05- 00 of land in survey No. 418 of Atmakur village, the land was resumed by the Government and assigned to the landless poor of the same village. After resumption from the 8th respondent, it was assigned in favour of Parakala Venkatamma wife of Chinna Narayana and Parakala Chinna Narayana son of Chandraiah in an extent of Ac.02-20 guntas each. It would appear from the averments in the counter that the assignees Venkatamma and Chinna Narayana had alienated the assigned land to one Konkonda Jagan son of Nagaiah by a document No. 48/06. The 5th respondent’s counter states that this alienation is under enquiry. In paragraph No.4, the 5th respondent’s counter states that on the application of the 8th respondent, an ex- serviceman and in view of the earlier assignment to him having not fructified, assignment of Ac.05-00 of land in survey No. 336/1 of Jalalpur village was made on 11-10- 2006. With regard to the allegation that the 8th respondent executed a lease in favour of respondent Nos. 9 and 10, the 5th respondent’s counter states that though lease agreements were entered into, later they were cancelled on 01-07-2008. The petitioner’s allegation that the 8th respondent was assigned in all Ac.10-00 of land – Ac.05-00 on two occasions – is clearly and categorically denied. In the light of the clear and categorical denial of dual assignments in favour of the 8th respondent, the very foundation for the writ petition does not exist. The writ petition is accordingly dismissed. No costs. ____________________ GODA RAGHURAM, J Dated: 10-06-2009 Pvks