HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION No.2428 of 2010 ORDER: The grievance of the petitioner in this writ petition is that, though he is the owner of the lands having purchased it from his predecessors as early as in the year 1960, his lands were not reflected in the notification issued under Section 4(1) of the Land Acquisition Act, 1894 which resulted in his being denied compensation though the respondents had taken possession thereof. In the counter affidavit filed on behalf of the third respondent, it is asserted that the lands in question were Government Poramboke (waste) lands and as such the question of such lands being acquired by the Government does not arise. Sri M.Subba Reddy, learned counsel for the petitioner, would submit that, even if the lands are held to be government lands, the petitioner is entitled to be paid ex gratia and that this Court may direct the respondents herein to make payment of ex gratia without prejudice to his right to establish his title before the competent Civil Court. Learned Government Pleader for Land Acquisition would place reliance on the proceedings of the Special Deputy Collector (Land Acquisition) dated 07.11.2008, whereby the petitioner’s counsel was informed that the lands admeasuring Ac.29.43 cents in Sy.No.7 were classified as Assessed Waste Poramboke (Government land) according to the Resettlement Register and, therefore, payment of ex gratia would be considered according to the eligibility as per the orders issued by the Government from time to time. This Court in proceedings under Article 226 of the Constitution of India would not adjudicate disputed questions of title and the remedy, if any, for the petitioner is to establish his title by way of a civil suit before a civil court of competent jurisdiction. While the Government Pleader for Land Acquisition would assert that the petitioner was not assigned any government land, and that he is not entitled for payment of ex gratia, in the light of the observations made in the proceedings of the Special Deputy Collector (Land Acquisition) dated 07.11.2008, I consider it appropriate to direct the third respondent to consider the petitioner’s entitlement for payment of ex gratia, strictly in accordance with law, within a period of three months from the date of receipt of a copy of this order. The petitioner is also at liberty to file a civil suit before the civil court of competent jurisdiction to establish his title over the lands in question. The Writ Petition is, accordingly, disposed of. However, in the circumstances, without costs. RAMESH RANGANATHAN,J Date:11.03.2010 usd