IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 3658 of 2008 Between: Mohd.Ghouse khan S/o. Late Khaja Moinuddin Khan R/o. H.No.18-2-614, Falaknuma, Hyderabad ... PETITIONER AND 1 The STate of AP., rep.by its prl.Secretary, Revenue Department, Secretariat, Hyderabad 2 The District Collector & District Magistrate, Nizamabad District 3 The Revenue Divisional officer, Bhodan Mandal Nizamabad District 4 The Thasildar/.Mandal Revenue officer, Bhodan Mandal, Nizamabad District ... RESPONDENTS 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 issue an appropriate writ order or direction more particularly in the nature of mandamus declaring the action of the respondent authorities in not allotting the alternative land to the petitioner in Sy.No.705 of Achanpalli village, Bhodan Mandal, Nizamabad District not only amounts to dereliction of duty but also amounts to playing fraud on this Hon`ble court by filing counter by the District Revenue officer, Mahaboobnagar in contempt case No.379 of 1992 wherein the categorically admitted about the allotment of alternative land to avoid contempt proceedings. Counsel for the Petitioner: MRSYED SHAREEF AHMED Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION No.3658 of 2008 ORDER: The lands of the petitioner are said to have been sub-merged in the Koyal Sagar Project in Mahaboobnagar District. After long pursuit of matter, the petitioner was allotted an extent of Acs.29.26 guntas of land in various survey numbers of Achanpalli Village, Bodhan Mandal Nizamabad District. One of the items was an extent of Acs.10.30 guntas of land in survey No.74. The petitioner states that, on verification, he found the land full of hillocks and unfit for cultivation. He made a representation for allotment of alternative lands, particularly the one in survey Nos.702 and 705. His grievance is that no action has been taken for the provision of alternative lands. The respondents filed counter-affidavit denying the allegations of the petitioner. It is stated that the lands in survey Nos.702 and 705 are not available for assignment and that they belong to Nizam Sugars Limited. Heard learned counsel for the petitioner and learned Government Pleader for Revenue. The petitioner was successful in getting allotted an extent of Acs.29.26 guntas of land in Achanpalli Village. The lands of the District of Mahaboobnagar are said to have been sub-merged more than half a century ago. The respondents recognized the right of the petitioner and allotted the lands in Nizamabad. The direction issued in W.P.No.3467 of 1988 was implemented, when C.C.No.397 of 1992 was filed. In the counter-affidavit filed in the contempt case, the description and extent of land were clearly mentioned. The petitioner did not raise any objection, and accordingly, the contempt case was closed. It is not as if the nature of the land has changed, ever since it was allotted to the petitioner. The petitioner was very much aware about the nature and extent of land, when it was allotted to him and he accepted the same. Even a purchaser cannot be permitted to raise an objection, after the transaction, that too, at this length of time. This Court does not find any basis to entertain the writ petition. The Writ Petition is accordingly dismissed. There shall be no order as to costs. ____________________ L.NARASIMHA REDDY, J. Dated:19.02.2009 GJ