IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTEENTH DAY OF AUGUST, TWO THOUSAND EIGHT ONLY PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.8384 of 2004 Between: Polamreddy Ranga Reddy & another. … Petitioners AND The Special Collector, Land Acquisition, Telugu Ganga Project, Nellore, & another. … Respondents Counsel for the petitioners : Sri Ch.C. Krishna Reddy Counsel for the respondents: AGP for Land Acquisition This Court made the following: THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.8384 of 2004 ORDER:- This writ petition is ﬁled for a writ of Mandamus to declare the action of the respondents in not acquiring the lands of the petitioners each admeasuring Ac.1.42 cents and Ac.0.40 cents in Sy.Nos.312-2 and 288 respectively of Nellepalli Village, Rapur Mandal, Nellore District, as illegal and arbitrary. In the aﬃdavit ﬁled in support of the writ petition, the petitioners averred that certain lands, adjacent to their lands mentioned above, were acquired by the respondents for the purpose of Kandleru Reservoir of Telugu Ganga Project and that submergence of the neighbouring lands, which were acquired, made it impossible for the petitioners to cultivate their lands. Therefore, they claimed the abovementioned relief. In the counter aﬃdavit ﬁled by the Special Deputy Collector (LA), Telugu Ganga Project, Rapur at Nellore, respondent No.2, it is speciﬁcally averred that out of the total extent of Ac.5.06 cents in Sy.No.288 and Ac.5.68 cents in Sy.No.312, an extent of Ac.0.80 cents and Ac.2.84 cents in Sy.Nos.288 and 312 respectively belong to the petitioners and out of the remaining extent of Ac.7.10 cents only an extent of Ac.0.78 cents was acquired leaving balance of Ac.6.32 cents. He also stated that the Executive Engineer, SSLC and SB Division-1, Nellore personally inspected the lands of the petitioners and addressed letter dated 24.08.2004, wherein he stated that there is no need to acquire the petitioners’ lands, which will cause wastage of public money. The said letter was enclosed to the counter affidavit. At the hearing, Sri Ch. Krishna Reddy, learned counsel for the petitioners submitted that in view of the acquisition of the neighbouring lands, the petitioners are unable to cultivate their lands and therefore the said lands are rendered useless on account of the said fact. Except making an assertion in the aﬃdavit, the petitioners failed to produce any iota of evidence in support of their contention. They did not ﬁle any rejoinder controverting the averments contained in the counter aﬃdavit. Therefore, it is not possible for this Court to accept the plea of the petitioners, which remains a mere ipsi dixit unsupported by any material. For the abovementioned reasons, the writ petition is dismissed. ____________________________ C.V.NAGARJUNA REDDY, J Date: 13.08.2008 ES