IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.5065 of 2008 Between: Kuppamma, W/o. Vadivelu, R/o. Ramachandrapuram Village, Mallavaripalem East Panchayat, Sathyavedu Mandal, Chittoor District. ..... PETITIONER AND 1 The District Collector, Chittoor District. 2 The Special Deputy Collector/ Land Acquisition Officer (SEZ), Tirupati, Chittoor District. 3 The Revenue Divisional Officer, Tirupati, Chittoor District. 4 The Tahsildar, Satyavedu Mandal, Chittoor 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 may be pleased to issue a writ order or direction more particularly one in the nature of Writ of mandamus declaring the action of the 4th respondent in not issuing the patta granted in favour of petitioner's husband extent of Ac. 1.51cents in Sy.No. 379/1 in patta No. 551 and Ac. 3.09 cents in Sy.No. 381/1 vide patta No. 556 of Ramachadrapuram Village, Sathyavedu Mandal, Chittoor District in spite of petitioner's representation dt. 4-12-2007 is being illegal, arbitrary, violative of Article 14 and 300 (a) of the constitution of India and consequently direct the respondents not to dispossess the petitioner from the land admeasuring extent of Ac. 1.51 cents in Sy.No. 379/1 in patta No. 551and Ac. .09 cents in Sy.No. 381/1 vide patta No. 556 of Ramachandrapuram Village, Sathyavedu Mandal, Chittoor District consequently to direct the respondents not to disburse compensation to the third parties with regard to the lands of the petitioner admeasuring extent of Ac. 1.51 cents in Sy.No. 379/1 in patta No. 551and Ac. .09 cents in Sy.No. 381/1 vide patta No. 556 of Ramachandrapuram Village, Sathyavedu Mandal, Chitoor District. Counsel for the Petitioner: MR.V.VINOD.K.REDDY Counsel for the Respondents: GP FOR LAND ACQUISITION THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.5065 of 2008 ORDER: Petitioner states that her husband, by name Vadivelu, was assigned an extent of Ac.1.51 cents of land in Sy.No.379/1 and an extent of Ac.3.09 cents of land in Sy.No.381/1 of Ramachandrapuram village of Sathyavedu Mandal in Chittoor District, by the 4th respondent- Tahsildar, Sathyavedu, and since then, he was in possession and enjoyment of the said land. After his death, petitioner is stated to be in possession and enjoyment of the said land. While so, the Government proposed to acquire the said land for a public purpose. Coming to know of the same, petitioner made a representation dated 09.08.2007 to the 2nd respondent bringing it to his notice that her husband was granted patta in respect of the land in question and after his death she has been in possession and enjoyment of the same, and as such she is entitled to compensation. Now the grievance of the petitioner is that respondents 3 and 4 are trying to dispossess her from the land in question and trying pay compensation to third parties. Hence, she filed this writ petition seeking directions to the respondents not to dispossess her from the land in question and not to disburse the compensation to third parties with regard to the land in question. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Land Acquisition. According to the petitioner, her husband was granted DKT patta in respect of the land in question and after his demise she has been in possession and enjoyment of the said land, and therefore, without resorting to the land acquisition proceedings, she cannot be dispossessed from the land in question and she is also entitled to exgratia in terms of G.O.Ms.No.1307 dated 23.12.1993. Admittedly, petitioner’s husband was granted patta, in respect of the land in question, which is proposed to be acquired for a public purpose. In the considered view of this Court even if the assigned land is required for a public purpose, the only remedy available to the authorities is to acquire the same by resorting to the land acquisition proceedings and pay exgratia in terms of G.O.Ms.No.1307 dated 23.12.1993. Therefore, if the patta granted in favour of the petitioner’s husband is not cancelled, petitioner is entitled to exgratia in terms of G.O.Ms.No.1307 dated 23.12.1993. Hence, this Court directs the respondent-authorities to acquire the land in question after following the procedure contemplated under the Land Acquisition Act, 1894, if it is really needed for public purpose, and pay exgratia to the petitioner, as provided for under G.O.Ms.No.1307 dated 23.12.1993, if the said DKT patta is not cancelled. The writ petition is accordingly disposed of, at the stage of admission. No costs. _________ 02.05.2008 Note: Furnish C.C. in three days. (B/o) sh To 1 The District Collector, Chittoor District 2 The Special Deputy Collector/Land Acquisition officer (SEZ), Tirupathi, Chittoor District 3 The Revenue Divisional officer, Tirupathi Chittoor District 4 The Tahsildar, Satyavedu Mandal Chittoor District 5 Two C.Cs to 6 Two C.D. copies.