THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.25619 of 2010 Date: 30.11.2010 Between: Nadipi Narsamma ..... PETITIONER AND The District Collector, Mahabubnagar and others. .....RESPONDENTS Counsel for the Petitioner : None Counsel for Respondent Nos.1 & 2 : A.G.P. for Revenue(Assignments) The Court made the following : THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.25619 of 2010 Order: This writ petition is filed for a Mandamus to declare the action of respondent No.2 in attempting to assign the land admeasuring 3.00 acres in Survey No. 244/2/66 of Mallemdoddi Village, Maldakal Mandal, Mahabubnagar District to respondent Nos. 3 and 4 as illegal and arbitrary. At the hearing, there is no representation for the petitioner. I have heard the learned Assistant Government Pleader for Revenue (Assignments) appearing for respondents 1 and 2. A perusal of the averments contained in the affidavit filed in support of the writ petition would reveal that the petitioner and respondent Nos. 3 and 4 are natural sisters; O.S. No. 9 of 2009 pertaining to partition dispute between these parties is pending in the Court of learned Junior Civil Judge,Gadwal. It is the case of the petitioner that her father Makala Edana was assigned an extent of 3.00 acres of land in Survey No.244/2/66 and on his death, respondent No.2 has granted succession in her favour vide proceedings dated 29.9.1992. While the partition Suit referred to above filed by respondent Nos.3 and 4 is pending, the petitioner filed the present writ petition on the ground that at the instance of respondent Nos. 3 and 4, respondent No.2 is making attempts to re-assign the lands to which, the petitioner succeeded in favour of respondent Nos. 3 and 4. In the counter affidavit filed by respondent No.2, the fact that the petitioner is in possession of 3.00 acres of land in Survey No. 244/2/66 is admitted. Respondent No.2, has however denied that he is attempting to re- assign the above mentioned land in favour of respondent Nos. 3 and 4. He has specifically averred that he has assigned Acs.1.20 guntas of Government land comprised in Survey No.244/2, which is adjoining the land held by the petitioner to respondent No.3 and no assignment has been made by respondent No.4. It is further stated that the assignment in respect of land in possession of the petitioner in Survey No.244/2/6 has not been cancelled or re-assigned to anyone, much less, to respondent Nos. 3 and 4. In view of the above assertions of respondent No.2, the cause in the writ petition filed on mere apprehension, does not survive for adjudication. The writ petition is accordingly disposed of. As a sequel to disposal of main petition, W.P.M.P. No.32720 of 2010 is disposed of as infructuous. __________________________ C.V. NAGARJUNA REDDY,J DATE: 30th November, 2010 pnb