THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO W.P.No.23865 OF 2009 ORDER: This writ petition has been instituted challenging the orders passed by the State Government in their G.O.Ms.No.618, Revenue (Assn.II) Department, dated 19-06-2009. The writ petitioner seems to have formed an Ashram at Nellakantaraopet, Kadapa District, so as to pursue spiritual path of life. The Ashram has been attracting devotees as well as saintly personalities from various parts of our country. The petitioner has specifically asserted that he has no self-interest, excepting the good of the society at large. The petitioner was himself a devotee of Sri Venkaiah Swamy, whose Ashram is located at Golagamudi Village, Nellore District, and he visits the said Ashram regularly. The management of this Venkaiah Swamy Ashram was presently looked after by the Receivers appointed by the District Court, Nellore. Unfortunately, the management of the said Ashram has left much to be desired as per the version of the petitioner. Hence, a choultry was got constructed by the petitioner for the purpose of providing infrastructural support to the visitors of the Ashram. A Kalyana Mandapam in the adjoining land was also proposed to be constructed. Since, the adjoining land belongs to the Government, he submitted a representation on 04-05-2002 for allotment of the same at market rate. After the Mandal Revenue Officer and the Revenue Divisional Officer, have inspected and submitted their report to the District Collector, the recommendation of the District Collector was considered by the Chief Commissioner of Land Administration and while agreeing with the proposal for transfer of the land in question, he revised the market value upwardly to Rs.2,00,000/- per acre. Accordingly, the petitioner has deposited a sum of Rs.1,06,000/-, representing the full market value for Ac.0-53 cents of land situated in Survey No.445/1A of Golagamudi Village, which was sought to be alienated at market value, to him. Thus, the land came to be allotted, but the 2nd and 3rd respondents herein have instituted two writ petitions in this Court; W.P.No.13440 of 2005 and W.P.No.13754 of 2005, challenging the validity of the orders of the Chief Commissioner of Land Administration. A learned single Judge of this Court by his Judgment dated 07-12-2005, disposed of these writ petitions holding that it is open to the petitioners therein to challenge the Proceedings of the 1st respondent – Chief Commissioner of Land Administration, by taking recourse to the remedies provided under the Board Standing Orders. Pursuant to this Judgment, two Revision Petitions have been preferred before the State Government by the respondents 2 and 3 herein. Entertaining those two Revision Petitions, the State Government passed orders through their G.O.Ms.No.618, dated 19-06- 2009. The State Government felt that it is not desirable to see any competing interests to creep-in in such matters and hence, allowed the Revisions and set aside the Proceedings dated 21-04-2005 of the Chief Commissioner of Land Administration. Though several contentions have been canvassed in this writ petition, however, the learned counsel for the writ petitioner would urge that the State Government having allowed the Revisions preferred by the respondents 2 and 3 and having set aside the Proceedings of the Chief Commissioner of Land Administration, ought to have, simultaneously, ordered for refund of Rs.1,06,000/- paid by the writ petitioner pursuant to the orders of the Chief Commissioner of Land Administration. In all fairness, the writ petitioner, now, is not seriously canvassing his interests in acquisition of this Ac.0-53 cents of land by paying up the market value. He wants to pursue alternative avenues for providing suitable amenities and facilities for those, who visit Sri Venkaiah Swamy Ashram, Golagamudi Village, Nellore District. In view of the categoric statement made by the learned counsel for the writ petitioner that the writ petitioner is no longer interested in acquiring the land of an extent of Ac.0-53 cents belonging to the Government, for market value, which he intended, initially, to acquire for purpose of construction of a Kalyana Mandapam, it is only appropriate that the State Government should have ordered for refund of Rs.1,06,000/-, paid for by the petitioner, in terms of the market value fixed by the Chief Commissioner of Land Acquisition. Since, it is asserted that the writ petitioner is not in possession of the said land of Ac.0-53 cents and he has not been utilizing, either the whole or in part of the same, it is only appropriate for the State Government and its officials not to retain the payment effected by the petitioner as consideration for transferring the right, title and interest in land of an extent of Ac.0-53 cents. After all, the State Government cannot retain the consideration amount paid for by the petitioner, with it, while at the same time, deciding, in principle, not to alienate the land of an extent of Ac.0-53 cents in Survey No.445/1A of Golagamudi Village, to the Ashram of the petitioner herein. I, therefore, consider it appropriate to direct the District Magistrate & Collector, SPSR Nellore District, to call for a factual report from the Tahasildar / Mandal Revenue Officer of the concerned Mandal as to whether the writ petitioner is in possession of the land of extent of Ac.0-53 cents in Survey No.445/1A of Golagamudi Village, and in the event the petitioner is not in possession of the said land, which is belonging to the Government, the District Collector was required to submit a detailed report in that regard to the Chief Commissioner of Land Administration, within two months from today. Upon receipt of the said report, the Chief Commissioner of Land Administration, on his own or in case of necessity require the State Government, to refund a sum of Rs.1,06,000/-, which was paid for earlier by the petitioner, within a period of one month thereafter. Since, the writ petitioner has proposed to acquire the land for the common good and use of general public, I am refraining from directing the State Government to refund the said amount with interest, which in normal circumstances, would have been charged at the rate of 6% per cent per annum. With this, the writ petition stands disposed of, as consented to by the learned Government Pleader for Assignments. No costs. Registry is directed to communicate a copy of this Order to the District Magistrate & Collector, SPSR Nellore District, also since, he is not impleaded as a party respondent in this writ petition. --------------------------------- Nooty Ramamohana Rao, J mrk 21st June 2011