IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE SIXTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO:26688 of 2000 Between: Dumavath Kavitha Nayak, D/o.Dr.Dumavath Tirupal Nayak, R/o.(Presently) at K-2/1, Kundanbagh, Begumpet, Hyderabad. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep.by its Secretary, Revenue (Asn-I) Department, Secretariat, Hyderabad. 2 The District Collector, Visakhapatnam District, Visakhapatnam. 3 The Executive Engineer (Marketing), Visakhapatnam. .....RESPONDENTS Counsel for the Petitioner:MR.S.V.R.SUBRAHMANYAM Counsel for the Respondents: AGP FOR REVENUE The Court made the following : ORDER: This writ petition is ﬁled for a writ of mandamus to direct the respondents to allot Government land admeasuring Ac.0.08 cents (387 sq.yards) in Survey No.147/1 of Chinagadili Village, Visakhapatnam Rural Mandal as per the proposal of the District Collector, Visakhapatnam in R.C.No.4552/95/B2, dated 11.11.1995. The petitioner purchased the vacant land admeasuring 436 sq.yards in Plot No.2 in Block No.1 of Survey Nos.147/1 and 150 of Chinagadili Village, Visakhapatnam, which was initially allotted to Sri Kalaga Rama Jogeswara Sharma on 19.06.1978 under Ex-Servicemen quota. Before the petitioner’s purchase of the said property, the original assignee approached the respondents with a request to provide a way to the said plot, as no separate ingress and egress was made available to it. Respondent No.2 sent his recommendation to respondent No.1 to alienate an extent of Ac.0.08 cents (387 sq.yards) of land to the assignee on payment of market value of Rs.180/- per sq.yard vide his letter, dated 11.11.1995. Respondent No.1 by it’s memo No.12428/Asn.I(2)/96-1, dated 29.08.1996 requested respondent No.2 to examine whether any alternative approach is available to the house of the assignee, so that the land in front of the house which is proposed for pathway may be utilized for some other purpose. Respondent No.1 raised other queries as well in order to take appropriate decision on the issue of allotment of vacant site to the assignee for the purpose of ingress and egress. As site has not been allotted, the petitioner filed the present writ petition. In the counter-affidavit filed by respondent No.2, he inter alia stated that construction of District Training Centre building was commenced on 31.10.2000 and 50% of the same was already completed. He ﬁled Annexures I and II along with the counter-aﬃdavit. Annexure I shows the site of the assignee and the proposed road and Annexure II shows Options I and II. He further stated that the Government is willing to consider allotment of the land at the option of the petitioner as shown in Annexure II on her making a representation to it. At the hearing, Sri S.V.R.Subrahmanyam, learned counsel for the petitioner submitted that the petitioner is willing for Option-I as shown in Annexure II. In view of the same, the writ petition is disposed of with the direction to respondent Nos.1 and 2 to assign the proposed site shown as Option-I in Annexure II, to the petitioner subject to her paying the market value calculated at Rs.180/- per sq.yard as recommended by respondent No.2 in his proceedings, dated 11.11.1995. Respondent No.2 shall get the said proposed site measured and communicate it’s cost to the petitioner within a period of four (4) weeks from the date of receipt of a copy of this order. Within four (4) weeks thereafter, the petitioner shall deposit the said amount with respondent No.2. On such deposit, respondent No.1 shall pass appropriate orders for assigning the site to the petitioner to be used as a way to her plot and respondent No.2 shall register the same in favour of the petitioner thereafter at her expenses. As a sequel to disposal of main petition, interim order, dated 29.12.2000 is vacated, WPMP.No.33901 of 2000 is dismissed and WVMP.No.637 of 2001 is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 6th SEPTEMBER, 2008. kvni