IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 3916 of 2008 Between: Smt. Durgamma W/o Late Neelakanti Loka narayana R/o Pitlam Village and Mandal, Nizamabad district. ..... PETITIONER AND 1 Mandal Tahasildhar Pitlam Mandal, Nizamabad District. 2 Revenue Divisional Officer Bodhan, Nizamabad District 3 District Collector Nizamabad District. 4 Secretary to Government Revenue Department, Government of Andhra Pradesh, Hyderabad. 5 Helavath Rukmini Baie W/o Hemla, R/o Chatakatlathanda Village, Pitlam Mandal, Nizamabad District. 6 Helavath Kuli Baie W/o Chaturya, R/o Chatakatlathanda Village, Pitlam 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 order, direction or Writ especially one in the nature of Writ of Mandamus to direct Respondent Mandal Tahasildar to issue Assignment patta of house Plots bearing NO. 25 and 28 situated at Pitlam Village, and mandal, in Sy. No. 54 of S.t. colony pitlam inthe name of the Petitioner as the petitioner is the legal heir of late Neelakanta Lokanarayana the Freedom fighter and husband of the petitioenr who is the assignee of these two plots vide file No. B1/1423/83 dated 30-07-1999 and assignment patta and declaring the inaction of Respondents No.1 to 3 in allotting the above Plots to the petitioner which are in heritable under G.O.ms. no. 185 dated 11-03- 1997 Revenue (A.S.N.I) Department Government of Andhra Pradesh, as arbitrary, illegal and unconstitutional. Counsel for the Petitioner:MR.M.BHUSHAN REDDY Counsel for the Respondents 1 to 4: GP FOR REVENUE Counsel for Respondents 5 and 6: None appeared. The Court made the following : O R D E R: The petitioner seeks a writ of mandamus to direct the 1st respondent-Mandal Tahasildar to issue Assignment patta of house Plots bearing Nos. 25 and 28 situated at Pitlam Village, and mandal in Sy.No. 54 of S.T. Colony, Pitlam in the name of the petitioner as she is the legal heir of late Neelakanta Lokanarayana, the Freedom fighter and husband of the petitioner who is the assignee of these two plots vide file No. B1/1423/83 dated 30-07-1999 and assignment patta and declaring the inaction of respondents No.1 to 3 in allotting the above plots to the petitioner which are inheritable under G.O.Ms. No. 185 dated 11-03-1997 Revenue (A.S.N.I) Department, illegal and arbitrary. It is the case of the petitioner that her husband was assigned the Plot Nos.25 and 28 in Sy.No.54/2, S.T.Colony, Pitlam village and mandal, Nizamabad District vide File No.B1/1423/83, dated 30.01.1999 and the husband of the petitioner being the freedom fighter, the house sites allotted in favour of the freedom fighters are also alienable after expiry of the prohibited period. It is stated that the unofficial respondents 5 and 6 are making attempts to allot the said plots in their favour. I am of the opinion that when the house sites have been allotted in favour of the freedom fighters and unless the assignment is cancelled and the assigned sites are resumed, the question of allotting the same in favour of the third parties does not arise. I am of the opinion that there is no foundation to lay such an allegation, as admittedly the petitioner did not file any representation/complaint before any authority. I am of the opinion without any foundation the writ petition has been filed on certain surmises and imagination and therefore, the writ petition is not maintainable and is liable to be dismissed. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:26.02.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRT}