IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIFTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.18963 of 2007 Between: The District Fisheries Coop. Society, Visakhapatnam (Regd.No.A-78) Shipping Harbor AOB canteen, Visakhapatnam, rep. by its President Sri Ummidi Pydi Raju ..... PETITIONER AND 1 The District Collector, Visakhapatnam. 2 The Revenue Divisional Officer, Narsipatnam, Visakhapatnam. 3 The Tahsildar, Rambilli Mandal Visakhapatnam District. 4 The Special Dy. Collector (LA) NAVAL Alternative Operating Base O/o Revenue Divisional Officer, Narsipatnam, Visakhapatnam District. 5 The Joint Director of Fisheries, Fishing Harbor, AOB canteen, Visakhapatnam District, Visakhapatnam. 6 Chodipalli Pentayya S/o.late Demudu Govindapalem (PO) Vadanarasapuram, Rambilli Mandal, Visakhapatnam District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 1 to 4 in not taking any action in pursuance of the letter No. 2254/C1/2005 dated 10.11.2006 addressed by the 5th respondent is illegal and arbitrary and consequently direct the respondents to conduct the enquiry upon the representation made by the petitioner society and taking necessary action and pass such other order or orders. Counsel for the Petitioner:SRI V.V.N.NARAYANA RAO Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.18963 of 2007 ORDER: The District Fisheries Cooperative Society, Visakhapatnam, filed the instant writ petition seeking a direction to respondent Nos.1 to 4 to implement the orders of respondent No.5, dated 10.11.2006. Be it noted, by the said order/letter respondent No.5 informed respondent No.2 to take further action to handover the land admeasuring Acs.101.00 in survey Nos.365 to 385 situated at Vadanarsapuram Vilage (hereafter referred to as, petition schedule land). The petitioner is a society registered under the Andhra Pradesh Cooperative Societies Act, 1964. It caters to the needs of its members, who are fishermen by profession. They are also engaged in cultivation of salt. On a recommendation made by respondent No.5, respondent No.1 allotted petition schedule land. When the same was not handed over, the present writ petition is filed. Petitioner alleges that petition schedule land was acquired by respondent No.4 for Naval Alternative Operative Base (naval base) and respondent No.6 and his family members who are unauthorisedly in occupation of the land are claiming compensation which is detrimental to the members of the petitioner society. This Court while admitting the writ petition passed interim orders directing respondent No.4 not to pay the compensation to respondent No.6. Respondent No.6 moved this Court by filing W.V.M.P.No.219 of 2008 along with counter affidavit. As the point involved is in a very narrow compass, the writ petition itself is disposed of by this order. In his counter affidavit, respondent No.6, inter alia, stated as under. I further submit that it is a fact that all these lands containing Ac.101.00 cents along with Ac.2000.00, was acquired for the purpose of Navy for its Alternative Operating Base at Visakhapatnam. The allegation that I and my family members have unauthorisedly purchased those lands or claiming compensation there for it is not at all true. In fact no land acquisition proceedings were ever initiated for this purpose so far as the land of Ac.101.00 cents in Sy.Nos.365 to 385 are concerned. Since all these lands originally belonged to Government and were assigned to certain weaker community like fishermen, it appears, the government felt that there is no necessity to acquire those lands and since all these weaker sections are in possession of the said lands, they are entitled only for exgratia but not compensation for acquisition. Accordingly, the Tahsildar of Rambilli Mandal published a notice bearing Dis.No780/2007/A dt.20.08.2007 notifying that the lands covered under old Sy.No.252 co-related to new Sy.Nos, as detailed in the list enclosed to the said notice, are in possession of the respective persons shown in the said list and that since those lands are being acquired for the navy Alternative Operating Base, the persons shown in the list, would be given exgratia and that against the same if anybody has got any objections, the same might be submitted. I am enclosing a copy of the said notice issued by the Tahsildar of Rambilli Mandal, in which the above stated 10 persons are shown to be in possession of the lands. The 10 persons whose names are appearing the said list published, are in possession of their respective pieces of land. I further submit that in fact I have nothing to do with the lands in dispute in this writ petition and it is only those 10 persons, so far as my knowledge goes are interested. However, since I am a little more educated than many of my fellow fishermen, those people approached me for doing necessary persuasion to obtain the exgratia on their behalf. As such I started making my efforts by approaching the relevant officials to see that exgratia is paid to them. At this juncture, the present writ petition is filed showing me as 6th respondent, though I am not a proper person. Only since I am making efforts to get exgratia to be paid to those 10 persons, the writ petitioner has filed this petition against me by suppressing the material facts and obtained ex-parte interim orders to the prejudice of those 10 persons, and also several other persons in the village to get exgratia. Respondent No.2 also filed a counter affidavit stating that the petitioner Society is defunct since 1988, and that the land was not allotted to Society. In 1988, land was assigned to certain individuals. After issuing notices to them, assignment was cancelled for violation of conditions. The assignees against whom cancellation orders were passed filed writ petitions, being W.P.Nos.13710, 13713 to 13715 and 13717 of 1994. This Court disposed of the said writ petitions on 28.07.1994 directing the Revenue Divisional Officer to adjudicate the appeals pending before him. Accordingly, Revenue Divisional Officer conducted enquiry and passed orders on 11.12.1997 confirming the cancellation orders. The land in question is in alignment for formation of naval base, and as the land belongs to Government, payment of compensation does not arise. However, ex gratia will be paid to the individuals in possession of the land. Petitioner, which is defunct, has no right to seek the land. The petitioner society has not filed reply affidavit denying the counter averments. In this circumstance, it is not possible to decide whether the petitioner society is defunct or not. A perusal of the order of Joint Collector would show that respondent No.3 was requested to handover the land admeasuring Acs.101.00 to 31 families. This order was passed on a representation made by President of the petitioner society. Therefore, it would be better if the Revenue Divisional Officer, Narsipatnam, conducts enquiry as to whom the land has to be handed over and passes necessary orders after giving notice to the President of the petitioner society. This exercise may be completed within a period of eight weeks from the date of receipt of a copy of this order. The Writ Petition is disposed of accordingly. No costs. _____________ (V.V.S.RAO, J) 15.12.2008 vs To 1 The District Collector, Visakhapatnam. 2 The Revenue Divisional Officer, Narsipatnam, Visakhapatnam. 3 The Tahsildar, Rambilli Mandal Visakhapatnam District. 4 The Special Dy. Collector (LA) NAVAL Alternative Operating Base O/o Revenue Divisional Officer, Narsipatnam, Visakhapatnam District. 5 The Joint Director of Fisheries, Fishing Harbor, AOB canteen, Visakhapatnam District, Visakhapatnam. 6 2CCs to G.P for Revenue, High Court of A.P., Hyderabad. 7 2CD copies Form-NIC-OGS/WP{KURR}