THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.31043 of 2010 Date: 10.12.2010 Between: M. Rajesh and another ..... Petitioners AND The Special Officer & Competent Authority and another .....Respondents Counsel for the Petitioners: Sri G. Allabakash Counsel for Respondents: Assistant Government Pleader for Revenue The Court made the following: ORDER: This writ petition is filed for a Mandamus to set aside the order dated 29.10.2010 of respondent No.1 whereby he has withdrawn his earlier memo dated 19.05.2010. I have heard Sri G. Allabakash, the learned counsel for the petitioners and perused the record. On the petitioners approaching respondent No.1 for seeking delivery of possession of land to an extent of Acs.427.00 sq. mtrs, the latter has issued memo dated 19.05.2010, wherein it is inter alia stated that the said land admeasuring Acs.213.83 sq. mtrs comprised in survey No.59/1 and 59/3 of Yousufguda Village, Kairatabad Mandal pertains to Smt. Sunitha Devi and another equal extent in the said survey number belongs to Keerath Mohan Lal and that they fall within the retainable area of the declarants and consequently the question of handing over of the said area to the declarants would not arise. Obviously, on the Andhra Pradesh Housing Board approaching respondent No.1, he has issued memo dated 29.10.2010 withdrawing the earlier memo by stating that there is a dispute regarding the said land. Having regard to the nature of the above two memos, I am of the opinion that neither of them has the effect of adjudicating on the rights of any of the parties. If the property purchased by the petitioners is within the retainable area of the declarants under the provisions of the Urban Land (Ceiling and Regulation) Act, 1976, they are entitled to assert their right as and when a dispute regarding the petitioners’ right and title over the said property is raised by any third party. In such an event, the impugned memos would not come in the way of the petitioners. Subject to the above observations, the Writ Petition is disposed of. As a sequel to disposal of the writ petition, W.P.M.P.No.39496 of 2010 filed by the petitioners for interim relief is disposed of as infructuous. ________________________ C.V.NAGARJUNA REDDY, J 10th December, 2010 GHN