THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.4097 of 2012 ORDER: The ancestors of the petitioner were said to have been assigned an extent of Ac.1.03 cents of land in Survey No.5-2 of Duddukur Village, Inkollu Mandal, Prakasam District in the year 1916. It is stated that the said land was taken over by the Government for the purpose of an irrigation project. The respondents paid ex gratia to the petitioner in accordance with law. The grievance of the petitioner is that though himself and his ancestors became absolute owners of the land, on account of the continued enjoyment for 70 to 80 years, the respondents are not paying the compensation, by treating it as patta land. Heard the learned counsel for the petitioner and the learned Government Pleader for Land Acquisition. The principal contention urged by the petitioner is that the assignment did not contain any condition prohibiting alienation. Even if that is true, the only consequence would be that the provisions of the A.P. Assigned Lands (Prohibition of Transfers) Act or Section 22-A of the Registration Act would not apply to it. However, the character of the land as the one ‘assigned’ does not change. Passage of time also would not have any effect upon it. Once it is not disputed that the land was assigned to the ancestors of the petitioners, the right of the Government to resume it for any public purpose remains unaffected. By recognizing the rights of the petitioner as successor of an assignee, the respondents have paid ex gratia. The compensation under the Land Acquisition Act is payable only in respect of patta lands held by private individuals. There are no merits in the writ petition. Therefore, the writ petition is dismissed. However, if the petitioner feels that the ex gratia paid to him is not in accordance with law, it shall be open to him to seek appropriate remedy before the concerned authorities. The miscellaneous petition filed in this writ petition also stands disposed of. There shall be no order as to costs. ____________________ L.NARASIMHA REDDY, J. Dated: 16..02.2012 JSU THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.4097 of 2012 Date: 16.02.2012 JSU