IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF JANUARY, TWO THOUSAND AND EIGHT. THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.16854 of 2006 Between: P.V.Rama Raju. … Petitioner AND Government of Andhra Pradesh, reptd., by its Secretary, Irrigation & Command Area Development (IRR-II) Department, Secretariat Buildings, Hyderabad and four others. … Respondents Counsel for the petitioners: Sri V.S.R. Anjaneyulu. Counsel for the respondents: Asst. Government Pleader for Land Acquisition. THE HON’BLE MR.JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.16854 of 2006 ORDER:- This Writ Petition is filed for a Writ of Mandamus to declare the action of the respondents in not initiating land acquisition proceedings and not paying compensation in respect of an extent of Ac.0.20 cents of land comprised in Survey Nos.400/6 and 400/12 of Peddapalli village, agaram Mandal, Guntur District, as illegal and arbitrary. In paragraph 5 of the counter-affidavit filed by Sri I.Venkateswara Redddy, Revenue Divisional Officer, Tenali, Guntur District (respondent No.5 herein), it is averred as under: “ In reply to the averments made in paras 3 to 6 of the petitioner’s affidavit it is submitted that it is not true to contend that the respondents did not take any action to release funds. In fact this respondent has taken suitable steps to get the funds released by the Executive Engineer and accordingly, Executive Engineer, deposited the required funds during February, 2004. The contention of the petitioner that the lands in Sy.Nos.400/6 and 400/12 of Pedapalli village were taken advance possession for making improvements to existing Pedapalli channel is not correct. In fact the Irrigation Department has sent requisition proposing for acquisition of patta lands for making improvements to the existing channel. But the Land Acquisition Proceedings could not be finalized and legal possession could not be taken and hence the channel was not excavated. In this case the lands in Sy.Nos.400/6 and 400/12 are still in possession of the landowner and he has raised wet paddy crop this year also. Moreover, the petitioner is not the landowner as per Revenue Records and enjoyment enquiry. However, the ownership of the land will be decided during Award enquiry considering the claim of the petitioner. It is submitted that the proposals of Draft Notification under Section 4(1) and Draft Declaration under Section 6 of Land Acquisition Act initiated earlier were lapsed due to paucity of funds and fresh Land Acquisition Proposals have been taken up as per the fresh requisition sent by the Executive Engineer, K.W.D., Tenali during the year 2003. The funds were provided in the month of February, 2004. The Mandal Revenue Officer, Nagaram was directed to send the Land Acquisition proposals and he submitted the proposals during December, 2004. The proposals were however returned by the Collector with a direction to re-inspect the lands with reference to L.P. Schedules given by the Requisitioning Department. The Mandal Revenue Officer, Nagaram, has reported that wet paddy crop is on ground and hence it is not possible to inspect the lands and to prepare sub-division record for submission of Land Acquisition proposals, till the crop is harvested. Therefore, the Land Acquisition Proceedings could not be initiated so far. The harvest is expected to be taken place in the month of December, 2006. Thereafter the survey process and preparation of sub-division record work will take a minimum of one-month time. Another two more months time is required to complete all the formalities laid down under Land Acquisition Act. It is therefore just and necessary that the Hon’ble Court may be pleased to grant five months time to initiate and complete Land Acquisition Proceedings”. At the hearing, the learned Assistant Government Pleader for Land Acquisition, on instructions from the Revenue Divisional Officer, Tenali, says that steps have already been commenced for acquiring the land and that the acquisition proceedings will be completed within a period of three months from today. The Writ Petition is, therefore, disposed of by placing on record the undertaking given by the learned Assistant Government Pleader for Land Acquisition and giving liberty to the petitioners to seek appropriate relief against the respondents in the event they do not stand on the above mentioned undertaking. ------------------------------------ C.V.NAGARJUNA REDDY,J 22-1-2008 MNR