IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 13717 of 2008 Between: Smt.Kona Seethamma W/o.Simhachalam R/o.Zirayati Kumaram, S.Kota Mandal Vizianagaram District ..... PETITIONER AND 1 The Joint Collector, Vizianagaram District 2 The Revenue Divisional Officer, Vizianagaram District 3 J.S.W.Aluminium Ltd., Jindal Bhavan, 58/17/1/1 N.S.L.Nagar NAD,Kotha Rao,Sanjeevayyanagar, Visakhapatnam-520009 4 Menti Chinnammi W/o.Atchibabu R/o.Kilthapalem village H/.o. Kanakavani Joru village, S.Kotha Mandal Vizianagaram District .....RESPONDENT(S) 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 to issue a writ order or direction in the nature of mandamus declaring the inaction of the 1st respondent in not passing any order on petitioner Revision petiton dated 20.2.2008 in not cancelling the assignment if any granted in favour of the 4th respondent herein without cancelling the land of Ac.4.16 cents situated in SY.No.198/1 of Kilthapalem village, S.Kota Mandal, Vizianagaram District assigned in favour of petitioner late father Mylapalli Mythyalu under patta No.263 as being illegal, unjust and arbitrary, and violative of Articles, 14 and 21 of the Constitution of India and be pleased to pass Counsel for the Petitioner:MR.E.V.BHAGIRATHA RAO Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE N.V. RAMANA W.P. No. 13717 of 2008 Oral order: The petitioner states that her father, namely Mylapalli Muthyalu, was assigned an extent of Ac. 4.16 cents of dry land in Sy. No. 198/1 of Kilthapalem village, about 30 years back, and was also granted patta bearing No. 263. Since then, he was in possession and enjoyment thereof, till he died. That she being the sole legal heir of his father, succeeded to the said property. While so, the land in question was acquired for constructing the 3rd respondent-factory, and she having become the owner of the said property after her father’s death, the petitioner contends is entitled to compensation for the acquired land. However, the petitioner states that she came to know that the 4th respondent has made a claim for compensation on the basis of ‘D’ Form patta dated 01.02.2008 given to her. The petitioner states that she being the legal heir of her father and she having succeeded to the land assigned to him, she alone is entitled to grant of ‘D’ Form patta, and the action of the revenue officials in granting ‘D’ Form patta to the 4th respondent in respect of the land in question, without canceling the assignment made in favour of her late father, is illgal and arbitrary. Having come to know of the grant of ‘D’ Form patta in favour of the 4th respondent, the petitioner states that she filed a revision petition dated 20.02.2008 before the 1st respondent, namely the Joint Collector, Vizianagaram, requesting him to enquire into the matter, and pay compensation in respect of the land in question, assigned to her father, which was acquired for construction of the 3rd respondent-factor. Now it is the grievance of the petitioner that no action thereon had been taken by the 1st respondent till date. Hence, she filed the present writ petition. Heard the learned counsel for the petitioner. Despite ordering notice before admission, no counter is filed on behalf of revenue official respondent Nos. 1 and 2. However, having regard to the fact that the revision petition filed by the petitioner is pending before the 1st respondent, the learned Assistant Government Pleader for Revenue, agreed for disposal of the writ petition with the following directions: The 1st respondent, namely the Joint Collector, Vizianagaram, is directed to consider and dispose of the revision petition dated 20.02.2008 filed by the petitioner, by conducting enquiry into the matter and issuing notice to the 4th respondent, and pass appropriate orders thereon, in accordance with law, within a period of two months from the date of receipt of a copy of this order. Accordingly, the writ petition is disposed of. No costs. _________________ N.V. RAMANA, J. Dated: 14th July, 2008. KSR