IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 840 of 2003 Between: 1 Mattapalli Chinna Narsaiah S/o Somaiah R/o Alagadapa Village, Miryalguda Mandal, Nalgonda District. 2 Mattapalli Krishnaiah S/o Ramaiah R/o Alagadapa Village, Miryalguda Mandal, Nalgonda District. 3 Mattapalli Venkanna S/o Laxminarsaiah R/o Alagadapa Village, Miryalguda Mandal, Nalgonda District. 4 Mattapalli Abamma D/o Pedda Narsaiah R/o Alagadapa Village, Miryalguda Mandal, Nalgonda District. 5 Mattapalli Saidaiah S/o Somaiah R/o Alagadapa Village, Miryalguda Mandal, Nalgonda District. 6 Mattapalli Balaiah S/o Lingaiah R/o Alagadapa Village, Miryalguda Mandal, Nalgonda District. ..... PETITIONER(S) AND 1 The District Collector, Nalgonda, Nalgonda District. 2 The Revenue Divisional Officer, Nalgonda, Nalgonda District. 3 Nizam Sugars Limited, Rep. by its Managing Director, Fathemaidan Road, Khairtabad, Hyderabad. .....RESPONDENT(S) 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 to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents/authorities in not considering the representation of the petitioners for recoverying of thier lands as illegal, arbitrary and violative of provisions of Section 54-A of Andhra Pradesh (Telangana Area) Land Revenue Act, 1317 Fasli apart from violative of Art. 14, 21 and 300-A of the Constitution of India and consequently direct the respondents to reconvey the land admeasuring Ac. 0-34 Gts. in Sy.No. 824 of Badalapur Village (erstwhile Alagadapa Revenue Village), Miryalguda Mandal, Nalgonda District to the petitioners herein forthwith and without alloting or selling the same by the respondents in favour of the third parties. Counsel for the Petitioner:MR.L.PRABHAKAR REDDY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : Oral order: Heard Sri L.Prabhakar Reddy for the petitioners and Sri Vasudeva Reddy for the 3rd respondent and learned Government Pleader for Land Acquisition for respondents 1 and 2. The 6th petitioner seeks a declaration that the action of the respondents in not considering the petitioners’ representation for reconveyance of their lands as illegal and arbitrary and violative of Section 54-A of the Andhra Pradesh (Telangana Area) Land Revenue Act, 1317 Fasli (for short ‘the Act’) as also violative of Articles 14, 21 and 300-A of the Constitution. They seek a direction to the respondents to reconvey the land admeasuring Ac.0-34 guntas in Sy.No.824 of Badalapur Village (formerly Alagadapa Revenue Village), Miryalaguda Mandal, Nalgonda District to the petitioners. An extent of land in the former Alagadapa Village was acquired by the State for the purpose of construction of the 3rd respondent-Sugar Factory in the early 70’s. The entire process of acquisition under the provisions of the Land Acquisition Act, 1894 was concluded, an award was passed and compensation was also paid and received by the petitioners whose lands in an extent of Ac.0-34 guntas in Sy.No.824 was part of the aforesaid acquisition. Like a number of Cooperative Sugar factories, 3rd respondent also went into the managerial and economic distress. Its land in an extent of Ac.41-00 is alleged to have been resumed by respondents 1 and 2 and for the purpose of allotment for various public purposes. The 3rd respondent also sold a part of its land to an Agricultural Market Committee at the prevailing market value. In view of these developments, the petitioners’ made representations to the respondents to reconvey the land acquired from them offering to pay the costs at which it was acquired in the 70’s. A number of such representations were made. There being no response, the writ petition is filed. Certain petitioners seeking similar reliefs as in this W.P., filed W.P.No.29076 and 35747 of 1998 and after contest this Court dismissed the writ petitions by the judgment dated, 10-8-1999. Aggrieved thereby, the petitioners therein filed W.A.No.1239 and 1310 of 1999. The appeals were also dismissed by the Division Bench on 22-11-2001. Further it requires to be noticed that the Supreme Court in the State of Andhra Pradesh and another v. Syed Akbar[1] has clearly declared the legal position that once land vests in the Government after a due process of acquisition, the State is at liberty to utilize the land so vested in it for any other public purpose. The claim for reconveyance of land by reliance on the provisions of Section 54-A of the Act was also considered by the Supreme Court in Syed Akbar (supra) and it was declared that it is within the discretion of the competent authority to determine whether the land vested in the State is required for a public purpose or not. The petitioners reliance on the provisions of Section 54-A of the Act is thus covered by the declaration of principle in the case of Syed Akhar (1 supra). As rightly pleaded by the 3rd respondent in its counter dated 12-3-2008, for all the aforesaid reasons and the declaration of the relevant principles by the Supreme Court, and this Court in the Division Bench judgment referred to supra, the petitioners have no case on merits. The writ petition is accordingly dismissed. There shall be no order as to costs. ___________________ GODA RAGHURAM, J 31st March, 2008 GRR To 1.2CCs to 2.2CD copies [1] 2005 (1) SCC 558