THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION NO: 17058 OF 2007 O R D E R: The petitioner states that he is the owner of land, to an extent of Acs.8-92 cents in various Survey Numbers of Giddalur village of Sydapuram Mandal, Nellore District. The lands were utilized for excavation of an irrigation canal under Telugu Ganga Project. The grievance of the petitioner is that though no notiﬁcation was issued under the Land Acquisition Act (for short “the Act”), as regards the said lands, markings were made for excavation of the irrigation canal. He submits that the action of the respondents is contrary to law. He traced his title to the lands and submits that the revenue authorities have issued pattadar passbooks and title deeds. The Special Deputy Collector (Land Acquisition), the 2nd respondent herein, ﬁled a counter aﬃdavit. It is stated that the lands in Survey Nos. 1022, 1023 and 1024 of Giddalur village belong to government, and that pattadar passbooks and title deeds were issued, in favour of the petitioner, erroneously, by the concerned authorities. It is admitted that the lands of the petitioner were marked for excavation of canal. Sri P. Sridhar Reddy, learned counsel for the petitioner, submits that the petitioner is the pattadar of the land, and in recognition of his long standing title, the revenue authorities have issued pattadar passbooks and title deeds, under the A.P. Rights in Land and Pattadar Pass Books Act, 1971. He contends that unless and until the competent authority ﬁnds fault with the patttadar passbooks and title deeds, the rights of the petitioner cannot be defeated. Learned Government Pleader for Land Acquisition, on the other hand, submits that large scale irregularities, in the matter of issuance of pattadar passbooks and title deeds, over government lands, have been noticed in the recent past, in Nellore District, and the ACB is conducting enquiry into the matter. It is pleaded that the lands in survey numbers referred to above, are government lands, and there is no necessity to initiate proceedings under the Act. While the petitioner assert his title over the land in question, the respondents seriously disputed the same. This is in the context of the necessity to initiate proceedings under the Land Acquisition Act. If, as pleaded by the respondents, the lands belong to the government, there would not be any necessity for them to issue notiﬁcations under Sections 4(1) and 6 of the Act, much less to pass an award. On the other hand, if the petitioner is the pattadar, such a necessity does exist. It is a matter of record that the petitioner is recognized as owner, so much so he has been issued pattadar passbooks and title deeds. The A.P. Rights in Land and Pattadar Pass Books Act, 1971, provides for legal presumption in favour of the validity of pattadar passbooks and title deeds, till an authority vested with the power, sets aside such proceedings, and no one can ignore the same, much less the authorities of the government. A vague allegation made in the counter aﬃdavit that the pattadar passbooks and title deeds were erroneously issued, cannot be a basis to deny the rights of the petitioner. Hence, the writ petition is allowed, and the respondents are directed not to proceed against the lands of the petitioner, unless they are acquired, in accordance with the provisions of law. There shall be no order as to cost. ______________________ 23rd September 2008 PAN