HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.17837 OF 2011 ORDER: When this matter appeared on 29.06.2011, this Court directed the learned Government Pleader for Revenue (Assignments) to obtain information with regard to the following aspects: (a) as to why the State Government as well as the District Collector, East Godavari have not thought of putting to sale/lease by conducting public auctions for this land; (b) as to why wet lands, which are fit for cultivation, are sought to be converted into house site pattas; and (c) as to why not the market value be fixed as the minimum upset price for conducting auctions. 2. Thereafter, the matter appeared on 13.07.2011. None appeared for the petitioner and hence the matter was posted to 14.07.2011. When the matter appeared on 14.07.2011, learned Government Pleader sought for time by two weeks and hence matter was adjourned. On 05.08.2011, the learned Government Pleader for Revenue filed a detailed report in the matter, but however, none appeared for the petitioner. Hence, the matter was posted to 08.08.2011. On 08.08.2011 also none appeared for the petitioner. Hence it was posted to 09.08.2011 and on 09.08.2011 also none appeared and hence the matter was adjourned to 10.08.2011. On 10.08.2011, a request was made to adjourn the case by one week, on behalf of the petitioner and accordingly a week’s time was granted. When the matter was called today, none bothered to appear for the petitioner. 3. This writ petition has been filed seeking a writ of mandamus to direct the respondents to consider the application of the writ petitioner for allotment of land on payment of market value instead of considering the representation of third parties for assignment of the said site. 4. It is stated that the petitioner and his family members have been cultivating land of an extent of Ac.8.08 cents of wet land situate in Sy.No.95, Kovvur Village, Kakinada Rural Mandal, from 1974 onwards. It is their case that they have been paying the necessary Sisth to the Government and they have submitted a representation to the State Government seeking permission for allotment of the land on payment of market rate for the same. It is also stated that the State Government in their Revenue Department, through their memo dated 16.06.2011 requested the Collector and District Magistrate, East Godavari, to examine the matter and submit a detailed report through the Special Chief Secretary and Chief Commissioner of Land Administration, Andhra Pradesh, Hyderabad, to the Government. On the premise that the District Collector has not been moving in the matter, the present writ petition has been instituted. 5. As was noticed supra, the Collector and District Magistrate, East Godavari has submitted a detailed report in the matter, a copy of which has also been made available to the learned counsel for the petitioner. It is stated that land of an extent of Ac.8-08 cents situated in Sy.No.95 of Kovvur village of Kakinada Rural Mandal, East Godavari District, vested with the Municipal Corporation, Rajahmundry. It was further stated that the said land was acquired by the Government during the year 1999 after following the procedure prescribed under the Land Acquisition Act. The possession of the said land was taken by the Government on 09.04.1999. Appropriate amount of compensation was also paid to the Rajahmundry Municipal Corporation. However, this very writ petitioner has instituted W.P.No.8388 of 1999 in this Court. Entertaining the said writ petition, orders of stay were granted by this Court on 26.04.1999. As a result of the stay granted by this Court, the Collector and District Magistrate, East Godavari has withheld the distribution of pattas to the eligible beneficiaries. However, the said writ petition was contested and on 24.12.1999, the stay order passed earlier on 26.04.1999 has been vacated by this Court. Hence, house site pattas were issued to the eligible beneficiaries during the year 2000 and possession was also delivered of the land in question to those beneficiaries. It is further stated that the writ petitioner has once again approached this Court by instituting W.P.No.12042 of 2005. Initially an interim order was passed therein on 08.06.2005. That writ petition was contested by the State and on 23.06.2008, the stay granted on 08.06.2005 has been vacated. While vacating the earlier interim order, it was observed by this Court that for the last six years, the petitioners have prevented the beneficiaries from having the benefit of construction of houses. It was made clear that the constructions that may be made by the beneficiaries shall abide by the outcome of the writ petition. Notwithstanding the above history, the writ petitioner filed an application before the District Collector for allotment of the said land on market value basis, based upon the orders passed by the State Government contained in their G.O.Ms.No.166 Revenue (Assignment POT) Department dated 16.02.2008. That request of the petitioner has been rejected by the Collector and District Magistrate through his proceedings bearing No.E3/4336/2008 dated 19.07.2008, pointing out that the scheme contemplated by G.O.Ms.No.166, deals with occupants of unassigned Government lands of long standing and that too of small extents of land by the socially disadvantaged sections of the society and it is not intended for conferring the benefit of transfer of title in favour of the petitioner for market value. It will be worthy to notice that W.P.No.2042 of 2005 filed earlier by the petitioner has been dismissed by this Court finally on 10.02.2011 returning a finding that there is no infirmity in the impugned acquisition. The District Collector has pointed out that the land is needed for a public purpose namely allotment of house sites to the needy poor families who are residing on drain bund, who are sought to be rehabilitated and relocated. 6. The writ petitioner has not chosen to take this Court into confidence and he has not disclosed about his past litigative interest. The writ petitioner in all fairness ought to have adverted to the earlier writ petitions instituted by him and the judgments rendered by this Court on that subject. 7. Be that as it may, when once land has been acquired by the State under the provision of the Land Acquisition Act, and the market value thereof has been paid as compensation, it is only appropriate that the land must be put to use for the purpose for which it was acquired. Land cannot be put to other purposes, particularly for transfer in favour of third parties by way of collection of their market value. If land is acquired compulsorily for a particular public purpose and if the said public purpose has already been achieved or sub-served, the remaining land can be put to use for any other similar or other public purpose. But it cannot be certainly put to use for realizing market value from a third party. Therefore, the respondent-State can never acede, in principle to the request of the petitioner for allotting the land to him upon payment of market value. 8. The writ petitioner is obviously using this Court as a platform for stalling the beneficiaries from utilizing effectively the grant made in their favour by the State. For the stone-walling tactics deployed by the writ petitioner in this regard he should necessarily compensate the State. There are no merits in this writ petition. It is accordingly dismissed with costs quantified at Rs.10,000/-. Fifteen days time is granted to the writ petitioner to deposit Rs.10,000/- towards costs with the Collector and District Magistrate, East Godavari, Kakinada, and the Collector and District Magistrate, Kakinada shall utilize the said sum of Rs.10,000/- for any social awareness programme undertaken by him. 9. In case the writ petitioner fails to deposit the sum of Rs.10,000/-, the Collector and District Magistrate, East Godavari, Kakinada is directed to recover the same as arrears of land revenue from the writ petitioner. 10. In the result, the writ petition is dismissed with costs. ___________________________________ Justice Nooty Ramamohana Rao 19-08-2011 SP HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.17837 OF 2011 19-08-2011 SP