IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 668 of 2009 Between: P. Durga Prasad, S/o. Late P. Sita Rama Murthy, Hindu, R/o. Namburu Village, Peddakakani Mandal, Guntur District. ..... PETITIONER AND 1 The District Collector, Guntur, Guntur District. 2 The Revenue Divisional Officer, Guntur, Guntur District. 3 The Tahasildar, Peddakakani Mandal, Guntur District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying to issue a writ order or direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondents in saying orally to the Petitioner not to enter into the land allotted to them i.e., located in Sy.No. 257/2B, Plot No.4, in Namburu Vilage, Peddakakani Mandal, Guntur District and making attempts to allot the same to private parties, without cancellation of the pattas issued to the Petitioners is illegal, violating the fundamental rights guaranteed by Articles 14, 16 and 21 of the Constitution of India, and against the principals of Natural justice Counsel for the Petitioner:MR.S.SATYANARAYANA MOORTHY Counsel for the Respondents : GP FOR REVENUE ORDER : The father of the petitioner was assigned 200 sq. yds in Survey No.257/2B of Namburu Village, Peddakakani Mandal, Guntur District, on 25.12.1981. The assignee died and the petitioner succeeded to the plot. It is stated that a thatched house constructed thereon was destroyed in a cyclone. The grievance of the petitioner is that the Tahsildar, Peddakakani Mandal, the third respondent, is trying to assign the house site in favour of third persons even while the assignment in favour of the father of the petitioner is subsisting. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue. Recognising the eligibility of the father of the petitioner to be assigned a house site, the respondents have assigned a plot of 200 square yards in Survey No.257/2B. The petitioner succeeded to the same after the death of his father. In case, the conditions of assignment are violated, the third respondent can certainly initiate proceedings before an order of resumption is passed and the effected 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 No.4 in Survey No.257/2B of Namburu village, Peddakakani Mandal, Guntur District, assigned to the father of the petitioner, 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. No costs. ________________________ L.NARASIMHA REDDY, J JANUARY, 22, 2009 KSH/USD