IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.11345 of 2005 Between: Kota Yesuratnam ..... PETITIONER AND The District Collector, Guntur and another .....RESPONDENTS The Court made the following: THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.11345 of 2005 O R D E R: None appears for the Government Pleader for Revenue, appearing for Andhra Area. It is the case of the petitioner that he has purchased an extent of 121 sq.yards from the original assignee Smt.Mahaboob Bee for valid consideration on 17.11.1987 which was situated in Ward No.1, Door No.1-650/A, within the municipal area of Mangalagiri of Guntur District. After purchase of the said site, the petitioner obtained permission for house construction from the Commissioner of Mangalagiri Municipality on 10.05.2000 and constructed a house in the year 2000, and he has been paying house tax to Mangalagiri Municipality. While so, the Mandal Revenue Officer, Mangalagiri issued a show cause notice in Rc.No.315/05/B dated 29.04.2005 stating that one J.Manikayamma made a complaint complaining that she was prevented from making use of her land situated on the northern side of the house of the petitioner and she was prevented from right of ingress and aggress and hence, as t why the assignment of the said site shall not be cancelled. Questioning the same, this writ petition is filed. This Court while admitting the writ petition on 17.05.2005, directed the respondents not to demolish the house of the petitioner until further orders. No counter is filed by the respondents. I am not inclined to express any opinion with regard to the violation of the terms and conditions of the assigned patta. But, however, the complaint made by the neighbour of the petitioner complaining that the petitioner is preventing her from making use of her land situated on the northern side of the petitioner cannot constitute a ground for cancellation of the assignment. If any violation of the terms and conditions of the assignment is found on the part of the petitioner, it is always open for the assigning authority to take appropriate action, in accordance with the provisions under Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977. Accordingly, the Writ Petition is allowed. No order as to costs. ________________ V.ESWARAIAH,J Dated: 10.02.2011 Dsr