THE HON'BLE SRI JUSTICE C.Y.SOMAYAJULU Writ Petition No.15414 of 2000 ORDER: 1 Questioning the memo No.22691/C2/C2/96-2 dated 27.12.1996 ordering reconveyance of the land admeasuring Ac.2-49 cents in S.No.534/5, 534/6 and 534/7 of Proddutur town acquired under the provisions of the Land Acquisition Act (the Act) on 10.01.1977 to the legatee of the erstwhile owner of the land, petitioners filed this Writ Petition. 2 The contention of the learned counsel for the petitioners is that when the land was acquired under the provisions of the Act and possession was taken over, respondents by merely issuing a memo cannot set at naught the acquisition because the land which vests in the Government as per section 16 of the Act cannot be reconveyed by mere issuance of a memo. The contention of the learned counsel for the 4th respondent is that the petitioners who have no interest in the land have no locus standi to question the memo. Heard the Government Pleader for Social Welfare. 3 The fact that award was passed on 10.01.1977 and possession of land was taken over by the Government way back on 10.01.1977 is not denied or disputed. So by virtue of Section 16 of the Act the acquired land stood vested in the Government free from all encumbrances on 10.01.1977 itself. In view thereof, withdrawal from acquisition by passing an order to reconvey the said property to the person of its choice by the Government does not arise. If it wants to alienate that property to any body else, it has either to assign or otherwise transfer it as per the Law in force, but it cannot by issuing a memo transfer title therein to anybody and so the memo impugned is liable to be and hence is set aside. 4 Question whether the petitioners have locus standi or not is not relevant for disposal of this petition because when the State does not act in accordance with Law, anybody can complain to the Court about the said breach. So failure of the petitioners in disclosing their interest in the land in question is not of any consequence. 4 Accordingly the Writ Petition is allowed. No order as to costs. -------------------------- C.Y.Somayajulu, J. 13.02.2008 Kvsn