IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SECOND DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.3707 of 2008 Between: Mahaboob Saheb S/o.Khader Saheb R/o.Durga Street, B. Kothakota Post, Village and Mandal Chittoor District. ..... PETITIONER AND 1 The District Collector, Chittoor. 2 The Sub Collector, Madanapalle. 3 The Mandal Revenue Officer, B.Kothakota. .....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 an order direction or writ one in the nature of writ of Mandamus declaring the action of the respondents in not allotting the alternative land nor paying compensation to the petitioners as illegal, void and arbitrary and direct the respondents to allot alternative land to the petitioner, in the interest of justice and pass such other or further reliefs Counsel for the Petitioner:MRCHETLURU SREENIVAS Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.3707 of 2008 ORDER: It is the case of the petitioner that his grandfather namely Vadapalli Pakir Saheb was assigned the land admeasuring Ac.4-50 cents in Sy.No.58/2 of B.Kothakota Village and Mandal, Chittoor District, in the year 1962. After the death of his grandfather, his three sons namely V.Khader Saheb, Peroji Saheb and Babu Sahed succeeded to the said property. After the death of the father of the petitioner namely V.Khader Saheb and Peroji Saheb, the petitioner and his brothers as well as V.Babu Saheb are cultivating the said land. While so, the 3rd respondent cancelled patta vide proceedings R.Dis.No.115/3, dated 07-06-2003, on the ground that the said land was not brought under cultivation and kept vacant and accordingly, after resuming the said land, the same has been allotted to other landless poor persons. It is the case of the petitioner that as the said land has been resumed, the petitioner is entitled either for compensation or alternative land. Admittedly, the petitioner has not questioned the order passed by the 3rd respondent in cancelling assignment patta vide proceedings R.Dis.No.115/3, dated 07-06-2003. When the assignment was cancelled for violation of terms and conditions of the assignment, the only course open for the petitioner is to file an appeal under Board Standing Order before the Revenue Divisional Officer. If there is no violation of terms and conditions of the assignment, then only the question of paying compensation as per the orders of the Government will arise. As the petitioner has not questioned the cancellation order passed by the 3rd respondent, I am of the opinion that the petitioner is not entitled for any relief in the writ petition and the same is liable to be dismissed. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ___________ 22-02-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{VSMI