IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 16586 of 1999 Between: 1 Attar Hasan Saheb, S/o Burnah Saheb, R/o 2/782 L.B.S. Road, Piler, Chittoor District. 2 A.Buran Saheb (died), S/o Late Ibrahim Saheb, R/o 2/782 L.B.S. Road, Chittoor District. 3 Attar Ghouse Moiddin, S/o late Attar Buran Saheb, R/o Door No. 2-782, L.B.S Road, Piler, Chittoor District. 4 Attar Ibrahim Saheb, S/o late Attar Buran Saheb, R/o Door No. 2-782, L.B.S Road, Piler, Chittoor District. 5 Attar Basha, S/o late Attar Buran Saheb, R/o Door No. 2-782, L.B.S Road, Piler, Chittoor District. ..... PETITIONER(S) AND 1 The District Collector, Chottoor. 2 The Revenue Divisional Officer, Mandapalli, Chittoor District. 3 The Mandal Revenue Officer (L.A.O), Chittoor 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 Writ of Mandamus directing the respondents to release 0.30 cents of land in Sy.No.45/B.8 (2) and 0.32 cents of lands in Sy.No.45/B7(2) situated in Piler Revenue Village, Chittoor district in favour orders as the Hon'ble Court may deem fit and proper in teh circumstances of the case. Counsel for the Petitioner:MR.M.N.NARASIMHA REDDY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.16586 of 1999 ORDER: The 2nd petitioner, the father of the 1st petitioner, died during the pendency of the Writ Petition and, on a petition being filed, his legal representatives i.e, petitioners 3 to 5 were brought on record. The 1st petitioner was assigned 70 cents of land in Survey No.48/B8 on 10.11.1980. The 2nd petitioner was assigned Ac.1.81 cents of land in Survey No.45/B7. The Land Acquisition Officer (the 3rd respondent), issued Section 4 (1) notification for acquisition of 14 acres of land in Survey Nos.45/B1 to B11 to provide house sites to the weaker sections of society. Eventually, an award was passed on 03.06.1997 whereby 40 cents of land assigned to the 1st petitioner was acquired and Ac.1.49 cents of land belonging to the 2nd petitioner was acquired leaving behind an extent of 30 cents and 32 cents respectively. The grievance of the petitioners in this writ petition is that, despite the entire extent of land assigned to the petitioners not having been acquired, and even though the assignment was not cancelled, the petitioners have not been permitted to put the land to use. No counter affidavit is filed on behalf of the respondents. Learned Government Pleader for Revenue, on instructions, would however submit that, insofar as the extent of 30 cents of the remaining assigned land with the 1st petitioner and 32 cents of the remaining assigned land with the 2nd petitioner is concerned, the respondents have no objection to their cultivating the land. Sri M.N.Narasimha Reddy, learned Counsel for the petitioners, would point out that it is not merely cultivation of the land, but all other rights, which the petitioners have on land assigned to them, which they must be permitted to exercise. Once the respondents agree that the petitioners can put the land to use, it is evident that the assignment granted in favour of the petitioners still remains in force. Accordingly, for the remaining extent of assigned land of 30 cents and 32 cents respectively, the 1st petitioner and the legal heirs of the 2nd petitioner are entitled to exercise all such rights as are available to them under the assignment. The Writ Petition stands disposed of accordingly. However, in the circumstances, without costs. ______________ 13.08.2008 GS