THE HON’BLE MR. JUSTICE L. NARASIMHA REDDY Writ Petition No.24301 of 2008 ORDER: The petitioners were assigned an extent of 240 square yards of land, each, in Survey No.257/2B of Namburu Village, Peddakakani Mandal, Guntur District, on 25.12.1981. It is stated that thatched houses constructed thereon, were destroyed in a cyclone. The grievance of the petitioners is that the Tahasildar, Peddakakani Mandal, the third respondent, is trying to assign the house sites in favour of third persons, even while the assignment in favour of the petitioners, is subsisting. Heard learned counsel for the petitioners and learned Government Pleader for Revenue. Recognizing the eligibility of the petitioners to be assigned a house site, the respondents have assigned plots in Survey No.257/2B. In case the conditions of assignment are violated, the third respondent can certainly initiate proceedings before an order of resumption is passed and the affected parties are required to be issued notices. Unilateral action of assignment of the same cannot be sustained in law. Hence, the writ petition is disposed of, directing that the respondents shall not assign Plot Nos.5 to 7 in Survey No.257/2B of Namburu Village, Peddakakani Mandal, Guntur District, assigned to the petitioners, as long as the said assignment subsists. It is made clear that, in case the conditions of assignment are violated, it shall be open to the respondents to issue notice and take further steps, in accordance with law. There shall be no order as to costs. _______________________ L.NARASIMHA REDDY, J. Dt: 29-01-2009. KO