THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.21311 of 2011 Dated 28th December, 2011 Between: Bairapangu Samuel and others …Petitioners And The District Collector, Nalgonda District and others …Respondents Counsel for the petitioners: Sri K.R.Sasidharan Nair Counsel for respondents: AGP for Land Acquisition The Court made the following: ORDER: This writ petition is filed for a mandamus to declare the action of the respondents in not paying ex gratia to the petitioners in respect of the actual extent of land taken over by the respondents as illegal and arbitrary. It is the pleaded case of the petitioners that the actual extents of the assigned lands held by them are Acs.6.00, Acs.2.00, Acs.3.00 and Acs.2.00, respectively, while ex gratia was paid in respect of Acs.3.00, Ac.1.20 guntas, Acs.2.00 and Ac.1.30 guntas respectively. Counter affidavit is not filed by the respondents. However, the learned Assistant Government Pleader for Land Acquisition, on written instructions from respondent No.3, submitted that the petitioners are in possession of Acs.2.10 guntas, Ac.1.00, Ac.1.00 and Ac.1.30 guntas respectively and that ex gratia has been paid only for those extents. Even though the petitioners pleaded that larger extents were taken over from them by the respondents, they failed to produce any evidence in support of this plea. Unless the petitioners substantiate their plea by producing material, their mere ipse dixit cannot be accepted. In this view of the matter, the relief claimed cannot be granted in this writ petition. However, it is made clear that if the petitioners possess the extents in excess of that taken over by the respondents, they shall be free to enjoy the same without interference from the respondents. Subject to the above observations, the writ petition is dismissed. As a sequel to dismissal of the writ petition, W.P.M.P.No.25943 of 2011 is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 28th December, 2011 VGB