THE HONOURABLE SRI JUSTICE N.V. RAMANA W.P. Nos. 16889 of 2009 Oral order: The petitioners, who are two in number, claim to be absolute owners of land in Sy. No. 1544/B to an extent of Acs. 12.32 cents of Iduru II village, T.P. Gudur, Nellore Revenue Division, Nellore District, and in possession and enjoyment of the same since the date of their purchase in the year 1990, petitioner No.1 having purchased an extent of Acs.7.63 cents and petitioner No.2 having purchased an extent of Acs.4.69 cents, from A.M. Veeraraghavaih, who earlier had purchased the same from one Siddavarapu Chandra Sekhar Reddy in the year 1974. They further state that pursuant to the purchase made by them, the Mandal Revenue Officer, in the year 1995, issued pattedar passbooks and title deeds and that the Revenue Divisional Officer also counter-signed the same. While so, the petitioners state that notification dated 04.01.2007 under Section 4(1) of the Land Acquisition Act, 1894, was issued for acquiring the lands in Sy. Nos. 1538-1, 1541, 1542, 1542-B, 1545-A, 1545-B and 1546 to an extent of Acs. 177.06 cents in Induru II village, for setting up Ultra Mega Power Station. The petitioners state that as there was no mention of the survey number in which their lands are located, they were under the impression that their lands are not required for acquisition. While so, the petitioners state that when the respondents all of a sudden started interfering with their possession and enjoyment of the land, they approached respondent No.3 and they were informed that as per the list dated 04.08.2009, the lands claimed by the petitioners belong to Co-operative Joint Farming Society. Therefore, the petitioners state that they immediately made representation dated 05.08.2009 taking objection stating that the lands in question belong to them and that they shall not distribute the amounts without conducting proper enquiry and without initiating land acquisition proceedings for acquisition of their lands. As the respondents despite their representation are trying to interfere with their possession and enjoyment of their land, the petitioners filed the present writ petition, seeking directions to the respondents not to interfere with their possession of the land without following due process of law and initiating acquisition proceedings under the Land Acquisition Act, 1894, and further to declare the action of the respondents in trying to distribute the compensation to others without passing orders on their objections dated 05.08.2009, as illegal and arbitrary. Respondent No.3 filed counter affidavit denying the allegations made by the petitioners inter alia contending that the lands comprised in Sy. Nos. 1544/A and 1544/B, including the lands in question, were declared as surplus and that possession of the same was even taken over by the Government from the declarants under the provisions of the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act and that the said lands were distributed to landless poor of Eluru II CJFS in the year 1977. That the Government resumed the land from those beneficiaries and that the petitioners are not in possession of the lands and as such they are not entitled to any compensation. However, as no material was produced by respondent No.3 to substantiate such a contention and as the material papers produced did not contain the orders said to have been passed under the provisions of the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act , this Court directed the Revenue Divisional Officer concerned, who dealt with the matter, to appear before the Court along with the relevant record. Accordingly, as directed by this Court, respondent No.3 appeared and filed additional counter affidavit, stating that the Land Reforms Tribunal, in the case of Siddavaram Ramalinga Reddy, Siddavarapu Vijayabhasker Reddy and Sri. Siddavarapu Madhusudan Reddy, passed common orders dated 01.12.1976 in C.C. No. 2257/NLR/75, C.C. No. 2258/NLR/75 and C.C. No. 2261/NLR/75 respectively, and like wise, in the case of Sri. Kavalireddy Venku Reddy, in C.C. No. 3028/NLR/75, declaring them as surplus holders of land in Sy. Nos. 1544/A and 1544/B. That the surplus land was taken over by the Government from the declarants on 21.02.1977, and thereafter, it was distributed to the members of Co-operative Joint Forming Society, from whom he had resumed on 02.02.2008. He further stated that the petitioners were never in possession of the land in question and that the alleged unregistered sale deeds under which the claim to have purchased the land do not create any right, and that they obtained the patadar pass books based on false 13-B Certificate and fake challans, and that they do not confer any right to the petitioners to claim the land and that they are not entitled for payment of any ex gratia, as they do not possess any title to the land. The learned Government Pleader for Revenue based on the report submitted by the Revenue Divisional Officer submitted that the petitioners in collusion with the revenue officials obtained the pattadar pass books and title deeds and that the District Collector, has already recommended for necessary disciplinary action against those involved in the fraud. Heard the learned counsel for the petitioners and the learned Government Pleader for Revenue. Though the petitioners contend that they are the owners of the land in question having purchased the same from their vendors, and that they have been in possession and enjoyment of the same and that they are entitled for payment of compensation, the fact remains, the respondents have disputed the ownership of the petitioners, and it is their contention that the lands are surplus and that the Government having taken possession of the same, allotted to the members of Co- operative Joint Farming Society, and that as the lands are required for the project in question, they have resumed the land, and that the pattadar pass books and title deeds were obtained by the petitioners fraudulently by producing false 13-B Certificate and fake challans in collusion with the revenue officials. Having regard to the disputed stand taken by the respondents and since disputed questions of law and fact, namely whether the lands in question belong to the petitioners and the petitioners are entitled for payment of compensation or whether they belong to the Government, they having been taken from the declarants upon they being declared surplus, and whether the Government, after taking possession of the same, allotted the same to Co-operative Joint Farming Society, and whether the petitioners or the members of the said society are in possession of the same, and whether the pattadar pass books and title deeds obtained by the petitioners are genuine or false and obtained by the petitioners in collusion with the revenue officials, by producing 13-B certificate and challans, are involved, this Court cannot go into the same in exercise of its jurisdiction under Article 226 of the Constitution of India, because they require adduction of evidence by the parties. Hence, no relief can be granted to the petitioners. However, the petitioners are at liberty to approach the competent civil Court for appropriate reliefs. The writ petition is, accordingly, closed, granting liberty to the petitioners to approach the competent Civil Court, if so advised. However, for a period of three months from today, the respondents are directed not to pay any compensation in respect of the land in question to any persons. No order as to costs. ________________________ JUSTICE N.V. RAMANA 20th January, 2011 IBL