MOTILAL B. NAIK, J.

( 1 ) IN this writ petition, a Writ of Mandamus or any other appropriate writ or order is sought declaring the action of the respondents in resuming the land to an extent of Ac. 5. 20 cents situated in Survey No. 223/1 in Munimadugu village, Penukonda Mandal, Ananthapur District without paying compensation as illegal and a consequential direction to the respondents to pay the compensation to the petitioner for the resumption of the said land as per G. O. Ms. No. 1307 dated 23-12-1993 is also sought by the petitioner.

( 2 ) ONE B. Govindappa was assigned the Government lands to an extent of Ac. 5. 20 cents in Sy. No. 223-1 of Munimadugu village, Penukonda Mandal of Anantapur District way back in the year 1960. Since then, till the death of said Govindappa, he was cultivating the said land. Govindappa died in the year 1985 leaving behind the present petitioner B. Adinarayana Murthy as his sole legal heir. The petitioner being the legal heir of late B. Govindappa started cultivating the said lands with the help of hired labour under his supervision as he secured a job in the State Road Transport Corporation.

( 3 ) WHILE so, on the basis of a report of the Mandal Revenue Inspector, penukonda, the second respondent issued proceedings on 27-5-1995 in rc. No. 389/95 (B), resuming the lands which are enjoyed by the petitioner as a legal heir of late B. Govindappa who is the original assignee, subject to payment of compensation as per G. O. Ms. No. 1307 Revenue (Assignment I) department, dated 23-12-1993.

( 4 ) PETITIONER states that before resuming the land under his occupation by the second respondent, a notice was issued to him pursuant to which he appeared before the appropriate authority and as the lands were resumed for the purpose of providing house sites to weaker sections of the society, he gave his consent to part with the said land subject to payment of compensation. Petitioner further states that during the life time of his late father, the lands were cultivated by him and after the death of his father, he got the lands cultivated by engaging labour. Petitioner also states that after the demise of his father, patta pass-books were also issued to him on 28-12-1994 in his name. Petitioner further states that he obtained loan on the said land from Anantapur District Central Bank Limited in the year 1989 petitioner states that the conditions of assignment were not violated neither by his late father nor by him. Yet, petitioner complains that the second respondent resumed the lands through the impugned proceedings dated 27-5-1995 as if there was a violation of the conditions of assignment, which according to the petitioner, is factually incorrect.

( 5 ) PETITIONER complains that though the lands were resumed by the respondents promising to pay compensation to him in terms of G. O. Ms. No. 1307 dated 23-12-1993 but so far no compensation is paid to him and such inaction on the part of the respondents in not paying compensation to him necessitated him to move this Court invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India see king appropriate direction as indicated above.

( 6 ) A counter has been filed on behalf of the respondents which is sworn in by one Sri Gangaram,mandal Revenue Officer, Penukonda Mandal-Second respondent in the writ petition. In the counter, it is fairly admitted that the lands in question were assigned to the father of the petitioner late b. Govindappa in the year 1960. However, the second respondent stated that as the houseless poor of Munimadugu village represented tohim for providing house sites, the Mandal Revenue Inspector, Penukonda was asked to make enquiry to find out suitable land for the purpose of providing house sites to them. According to the second respondent, the Mandal Revenue Inspector, penukonda, after making enquiry found that the lands in Survey no. 223/1 in an extent of Ac. 5. 20 cents which were assigned to the father of

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