THE HON’BLE SRI JUSTICE B PRAKASH RAO AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO. 940 OF 2009 JUDGMENT : (per BPR,J) Heard both sides and at their request the appeal is taken up for final disposal. The appellant who is unsuccessful writ petitioner, seeks to assail the orders of the learned Single Judge dismissing the writ petition, where he sought for mandamus declaring the action of the respondents in acquiring the land admeasuring Ac.12 ½ guntas in Survey No. 175 situate at Rekurthi village, Karimnagar mandal and district without making any compensation or providing alternative land. The case of the appellant /petitioner in short is that he has purchased the said property as per the registered sale deed dated 5.11.2004 from the earlier vendor who appears to be an assignee and since then the appellant is in possession and enjoyment, however, without any notice or opportunity to the appellant herein the proceedings appears to have been initiated against the original assignee for conciliation and resumption and in pursuance thereof, the appellant is sought to be dispossessed. The learned Single Judge, did not find favour with the writ petitioner for either of the reliefs sought for, i.e., payment of compensation or providing alternative land, on the ground that the original order remained unchallenged. On perusal of the material available on record, the main aspect which is involved for consideration in this appeal is as to the claim of the appellant for either of the reliefs sought for. No doubt, the appellant appears to have purchased the subject land under a registered sale deed dated 5.11.2004, however, he seems to have not taken any action for mutation and the sale is not within the knowledge of the respondents. Be that as it may, the fact remains that in the proceedings initiated for cancellation of the assignment and resumption as against the original assignee, the appellant do not have any notice issued or opportunity provided and even the order passed by the respondents or other authorities was not served on the appellant herein. In view of the same, the question of taking any further proceedings as against those orders by the appellant does not arise, since the said orders cannot be put against the appellant, same being violative of the principles of natural justice. However, having regard to the fact that admittedly the appellant is a purchaser from an assignee, he cannot claim any better right then the original assignee have. However, since the request of the appellant is for payment of compensation or providing alternative land, the same can be considered by the respondents on its own merits. Accordingly, we dispose of the writ appeal directing the appellant herein to file an appropriate application before the respondents within a period of two weeks from today for allotment or house site/alternative land or payment of compensation and the same shall be considered on its own merits and disposed of by affording reasonable opportunity appellant. The entire exercise shall be completed within a period of two months subsequent to the date of filing an application by the appellant. No costs. ___________________ B PRAKASH RAO,J ____________________ SANJANY KUMAR,J DATE: 13.10.2009 TVK THE HON’BLE SRI JUSTICE B PRAKASH RAO AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO. 940 OF 2009 Date: 13/10/2009