THE HONOURABLE SRI JUSTICE GOPALAKRISHNA TAMADA W.P. No.26468 of 1997 ORDER: The instant writ petition has been filed seeking Writ of Mandamus directing the 1st respondent to take action forthwith under Section 48(1) of the Land Acquisition Act on the basis of the recommendation made by the 2nd respondent in Rc.No.65/76/E2(LA) dated 20-05-1995 and release Ac.1-38 cents of land covered by Survey No.116 part of Kurmannapalem village, Gajuwaka Mandal, Visakhapatnam District from acquisition in faovur of the petitioners, by declaring the inaction as illegal, unconstitutional and unjust. It is the case of the petitioners that they are the owners and actual possessors of the land in an extent of Ac.1-38 cents covered by Survey No.116 part of Kurmannapalem village, Gajuwaka Mandal, Visakhapatnam District. The land in question was proposed to be acquired for providing house sites and completed the land acquisition process. Though the land acquisition process is completed by issuing necessary notices from time to time, the possession remained with the petitioners only and the petitioners did not receive any compensation. The 2nd respondent, District Collector, addressed a letter dated 20-05-1995 to the Government seeking permission to withdraw the land from acquisition as per the provisions of Section 48(1) of the Act, since the land in question is not required for allotment of house sites as some of the beneficiaries were not eligible for the allotment of house sites and that the land could be reconveyed to the land owners by canceling the land acquisition proceedings. The respondents filed a detailed counter denying the averments mentioned in the affidavit filed in support of the writ petition wherein it is admitted that the acquisition process is completed by issuing necessary notices from time to time and award dated 26-07-1977 has been passed and the compensation amount was kept in revenue deposit in favour of the awardees. The awardees refused to handover the possession of the land in question but the same has been handed over to the department on 22- 03-1983 by the Special Tahsildar, Taluk Office, Visakhapatnam. Heard the learned senior counsel Mr. T. Bal Reddy and the learned Government Pleader. The main grievance of the petitioners is that the Government is not taking any action on the recommendations made by the 2nd respondent vide his letter dated 20-05-1995. Learned senior counsel Mr. T. Bal Reddy, appearing for the petitioners, produced a copy of the proceedings dated 01-03-2006 of the Special Deputy Tahsildar (Inams) and contends that the lands are assigned in favour of the petitioners. May be it is true that the land is no more required but it does not mean that the land shall be restored to the petitioners. Even if the land is required for any public purpose, the rights vest with the Government and the Government has every right to use it for any public purpose. Since the learned senior counsel Mr. T. Bal Reddy produced proceedings dated 01-03-2006 of the Special Deputy Tahsildar (Inams) wherein granted pattas in favour of the petitioners, I am of the considered view that the cause in this writ petition does not survive. Accordingly, the Writ Petition is closed. No order as to costs. ___________________________________ JUSTICE GOPALAKRISHNA TAMADA Date: 12-02-2007 LSK