WP/27832/2005 of Kanukunta Ambedkar Nagar, Vs The District Collector on 30 December 2005

:O R D E R:

Kanukunta Ambedkar Sankshema Sangam, Kanukunta, a registered society, seeksa writ of Mandamus to direct the respondent Nos. 1 to 3 not to handover the land ad-measuring Ac. 01-02 gts., in survey No. 213/2 and 214 /2 situated at Kanukunta tothe fourth respondent. It is their case that the land in the said survey numbers is‘shikam land’ and the same has not been so far converted into Ayon (assessedwaste) and, therefore, the same cannot be assigned to anybody. They also furtheralleged that the government of Andhra Pradesh is likely to issue a notification toacquire the land in question for the purpose of widening the road in order to help thefourth respondent to claim compensation illegally.

At the stage of admission itself, after obtaining instructions, learned AssistantGovernment Pleader for Revenue (General) submits that the land was alreadyassigned in 1965 in favour of the fourth respondent mistakenly and that necessarysteps are being initiated to resume the land to the government after following dueprocess of law. In view of this, the writ petition must have been filed on a factualfoundation, which is not sound. The land was already assigned to the fourthrespondent and when the respondent Nos. 1 to 3 are about to take steps to resumethe land, the present writ petition is filed.

Accordingly, the writ petition, recording the submission of the learned AssistantGovernment Pleader, is dismissed. No costs.

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