HON’BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION No. 8278 of 2006 Date: 24.2.2010 Between: Panchadarla Appanna and another. Petitioners. And The District Collector, Visakhapatnam and others. .. Respondents HON’BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION No. 8278 of 2006 ORDER: This writ petition is filed by the petitioners seeking for a Writ of Mandamus declaring the action of the respondents in taking possession of the lands of the petitioners and their family members in Survey Nos. 241 and 182 of an extent of Acs.6.12 cents and Acs. 1.45 cents respectively, situated at Tantadi Village, Atchuthapuram Mandal, Visakhapatnam District, in pursuance of a notification dated 23.6.2005 issued under Section 4(1) of the Land Acquisition Act, 1894 by the 1st respondent as illegal, arbitrary and violative of Article 300-A of the Constitution and direct the respondents to pay compensation as per the provisions of the Land Acquisition Act, 1894. While admitting the writ petition on 29.6.2006, this Court has granted interim order directing the parties to maintain status-quo for a period of two weeks and subsequently, the said order has not been extended any further. The case of the petitioners is that they are the owners of the land in dispute and they are in possession and enjoyment of the said land. Their names have been entered in the revenue records and passbooks have also been issued in their favour. They are also paying the land revenue in respect of the said lands. While so, the respondents have issued a notification under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’) on 23.6.2005 vide R.C. No. 3191/2005/G2 proposing to acquire the lands in question for the purpose of construction of Baba Atomic Research Centre, while treating the lands as Government lands. Assailing the same, the petitioners filed the present writ petition. On behalf of the respondents 1 and 2, the Special Grade Deputy Collector, Land Acquisition, Special Economic Zone, Unit – II, Visakhapatnam has filed a counter affidavit. In the counter affidavit, it is stated that the lands in Survey Nos. 241 and 182 situated at Tantadi Village are classified as Government lands. Since they are Government lands, the Government need not acquire its own lands and they need not pay any compensation. It is further stated that the Government can utilise the lands for any public purpose as and when it is required. Therefore, they sought for dismissal of the writ petition. The third respondent, i.e., A.P. Industrial Infrastructure Corporation Limited, Hyderabad represented by its Managing Director has been impleaded as per Court order dated 8.2.2010 in W.P.M.P. No. 37344 of 2009. It also filed counter affidavit. In the counter affidavit, it is the stand of the 3rd respondent that the lands in question are Government lands and they are not private lands. The lands being Government lands have been requisitioned by it for a public purpose, i.e., for the purpose of construction of Baba Atomic Research Centre. Since the lands in question are Government lands and not being private lands, no land acquisition proceedings need be initiated. It is also stated in the counter affidavit that in similar claims arising out of Tantadi Village, Atchyutapuram Mandal, Visakhapatnam District, this Court dismissed Writ Petition No. 8340 of 2006 by order dated 26.4.2006 and the petitioners herein are similarly situated as the petitioners in the said writ petition. Having regard to the submissions made by both the counsel that the relief sought for in the writ petition is squarely covered by the order passed in Writ Petition No. 8340 of 2006, dated 26.4.2006, this writ petition can also be disposed of in terms of the said order. It is necessary to extract the relevant portion of the said order, which reads thus: “From the material on record and in view of the instructions from the respondents as submitted by the learned Government Pleader for Land Acquisition, it is apparent that there is a dispute as to the title to the subject property between the petitioners and the State. Such disputes are appropriately to be resolved before the Civil Court of competent jurisdiction in an appropriate proceedings and not before this Court under Article 226 of the Constitution. If the lands of the petitioners are being proceeded against for their dispossession without following the due process of law or if the petitioners desire to establish their title to the lands, they may seek appropriate relief before the appropriate Civil Court. No case is made out for grant of relief under Article 226 of the Constitution.” Admittedly, the averments made in the present writ petition and the averments made in the counter affidavits filed by the respondents reveal that there is a dispute between the parties with regard to the rights and title over the lands in question. The said dispute can only be resolved by a competent Civil Court in the event of the aggrieved parties approach the Court of law having jurisdiction to settle such disputes. Therefore, while following the judgment of this Court in Writ Petition No. 8340 of 2006, dated 26.4.2006 referred to above, this writ petition is dismissed. There shall be no order as to costs. __________________ G. CHANDRAIAH,J Date: 24th February, 2010 pnb