THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.2854 of 2010 ORDER: The petitioner states that the respondents have taken over one acre of land in survey No.228/89 of Perala Village, Chirala Mandal, Prakasam District, owned by him, in the year 1988, and did not pay the compensation, in spite of repeated representations. He seeks a direction to the respondents, either to pay the compensation, or to cancel the house site pattas that were issued in respect of the land; evict the beneficiaries and deliver vacant possession of the land. The grandfather of the petitioner is said to have purchased the land under a sale deed, in the year 1951, and thereafter, it is said to have devolved upon the petitioner under a Will dated 29.12.1976, executed by his grandfather. It is alleged that the respondents have high-handedly take over the possession of the land and issued house site pattas to large number of persons. On behalf of respondents, a counter-affidavit is filed. It is stated that an extent of Ac.0.27 cents of land in survey No.228/8 was assigned to the Yanadies, and thereafter, encroachments have come into existence in the remaining extent of Ac.0.73 cents. According to the respondents, the necessity to initiate proceedings under the Land Acquisition Act did not arise, since it was a Government land. The beneficiaries are said to be rickshaw pullers and persons belonging to weaker sections. Smt. A.Varalakshmi, learned counsel for the petitioner, submits that one acre of land in question did not belong to the Government and it was purchased by the grandfather of the petitioner in the year 1951. Placing reliance upon the letter, dated 05.08.2003, said to have been addressed by the Mandal Revenue Officer, Chirala, the 3rd respondent, to the Collector, she contends that the respondents were under obligation to pay the compensation. Learned Government Pleader for Land Acquisition, on the other hand, submits that according to the revenue records, the land is owned by the Government, and out of it, Ac.0.27 cents was assigned in favour of Yanadies in the year 1998. It is also stated that in the remaining extent of Ac.0.77 cents, encroachments have taken place. The writ petition is based on the ground of latches as well as lack of title in the petitioner. The petitioner asserts that the land of one acre in Sy.No.228/89, Perala Village, Chirala Mandal, Prakasam District, was purchased by his grandfather in the year 1951 and that his grandfather executed a Will in his favour. Assuming that the purchase made by the grandfather of the petitioner is genuine and that the property devolved upon him by virtue of the Will, no rights would accrue to him, unless the land was a private patta, by the time it was purchased. The petitioner is not able to place any record before this Court. If the land was actually owned by the Government, the purchase thereof does not change the character. Secondly, grant of house site pattas took place in the year 1988 and the writ petition is filed in the year 2010. The petitioner ought to have sought for declaration before a civil Court or obtained favourable orders from the authorities of the revenue department, vis-à-vis the land, before claiming the relief. Hence, the writ petition is dismissed. It is, however, left open to the petitioner to seek declaration as to the nature of land in question and his rights over it and pursue further remedies in accordance with law. There shall be no order as costs. _____________________ L. NARASIMHA REDDY, J. Dt.15.02.2011. GJ