The Hon'ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.27543 of 2010 Date: 13-12-2011 Between: Pothana Radhakrishna Murthy and 21 others ..... Petitioners AND Government of Andhra Pradesh, Rep. byits Principal Secretary, Revenue Department (L.A.) Secretariat, Hyderabad and 5 others. .....Respondents Counsel for the Petitioners: Mr.B.Yadaiah for Mr.Palle Nageswara Rao Counsel for Respondent Nos.1 to 4: AGP for Land Acquisition The Court made the following : Order: The petitioners, who claim to be absolute owners and possessors of Ac.2-50 cents of land each in Survey No.711 of Krishnapatnam Village, Muthukuru Mandal, Nellore District, filed this Writ Petition for a Mandamus to declare the action of the respondents in not paying compensation to them for utilizing the said lands for construction of a thermal station by respondent No.5, as illegal and arbitrary. The petitioners pleaded that, about 30 years back, the Government formed a Society viz., Co-operative Joint Farming Society (CJFS) with the object of developing the waste/poramboke lands for prawn culture and that, for this purpose, an extent of Ac.163.31 cents of waste/poramboke lands in Survey No.711 of the aforesaid Village were handed over to the said Society. It is their further case that they are all members of the said Society; that, in that capacity, they were allotted Ac.2-50 cents each, which is in their respective possession and enjoyment; that the prawn culture is being carried thereon for the last 30 years and; that the said lands were taken over, in the year 2009, for the purpose of establishment of thermal station, by respondent No.5. The petitioners further averred that, in respect of other persons connected with CJFS lands, compensation @ Rs.3,80,000/- per acre was paid in the year 2009, but such a payment is denied to them. Respondent No.4 filed a counter-affidavit wherein it is inter alia averred that the extent of Ac.169-39 cents in Survey No.711 of Krishnapatnam Village is classified as Government Poramboke Salt Factory (Uppukotaru) and that the same was neither allotted to anybody nor is in anybody’s enjoyment as on 22-06-2010. The counter- affidavit denied the plea of the petitioners that the Government has formed a Society 30 years back in the name of CJFS and allotted 169.39 cents in Survey No.711 in favour of the said society. It is further averred that verification of 10 (1) Register and Adangals for the faslies 1393, 1394, 1385, 1401, 1402, 1413, 1415, 1416, 1417, 1418 and 1419 revealed that nobody’s names were mentioned except in respect of the Adangal for fasli 1416 (period from 01-07-2006 to 30-06-2007). It is explained that in respect of the said fasli, the names of petitioner Nos.1 to 7, 12, 13 and 14 are found in column No.13 pertaining to ‘enjoyer’ and that, while the particulars filled in the remaining columns pertaining to the said fasli were fully computerized, column No.13 pertaining to ‘enjoyer’ was filled manually. Except pleading that the petitioners were members of CJFS and that they were allotted Ac.2-50 cents each, no shred of evidence is filed in support thereof. As noted above, the counter-affidavit raised a serious dispute about the above plea of the petitioners. Therefore, while exercising jurisdiction under Article 226 of the Constitution of India, it is not possible for this Court to decide this severely disputed question of fact. If the petitioners have proper evidence to substantiate their plea that they were allotted the lands as claimed by them, they can only approach the civil Court and make their claim for compensation against the respondents by instituting suits. Subject to the liberty given as above, the Writ Petition is dismissed. As a sequel, WPMP.No.35165 of 2010, filed by the petitioners for interim relief, is disposed of as infructuous. ______________________ (C.V.Nagarjuna Reddy, J) 13th December, 2011 LUR