HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.19314 of 2007 Date : 23.08.2011 Between : Kollimalla Apparao & others. …..Petitioners And Union of India, rep. by its Secretary & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.19314 of 2007 ORDER : In this writ petition, the petitioner seeks directions by way of Mandamus, declaring the action of respondents in not following the procedure contemplated under the Land Acquisition Act as well as the orders of Government in G.O.Ms.No.1307, Revenue (Assignment-I) Department, dated 23.12.1993, as illegal and arbitrary. The petitioners herein claim that they are absolute owners of land to an extent of 3 acres in Sy.No.22/5 and 3 acres in Sy.No.23, situated in Jagannadhapuram village, hamlet of Lemarthi in Paravada Mandal of Visakhapatnam District. It is their case that though they are rightful owners and possessors of the aforesaid land, even without initiating land acquisition proceedings, the said land was allotted to the 6th respondent i.e. A.P. Industrial Infrastructure Corporation Ltd., for the purpose of establishing Jawaharlal Nehru Pharma City. It is stated that the petitioners were given pattas as early as in 1981 and thereafter, they have developed the land, as such, they cannot be deprived of their land without initiating acquisition proceedings under the Land Acquisition Act. In the counter filed by the 4th respondent-Tahsildar, while denying the allegations of the petitioners, it is stated that all the Government lands in Jagannadhapuram village were alienated and handed over to A.P. Industrial Infrastructure Corporation Ltd. on 09.04.1998 for Pharma City. It is stated that the land in question is Government land and only provisional pattas were issued to the petitioners, but they were not given any D-Form pattas. It is stated that as the land in question is Government land, and as the petitioners were in illegal possession, by issuing B-Memos, penalty was collected from them. The counter further states that the petitioners were evicted from the land in question by initiating proceedings under Sections 7 and 6 of the A.P. Land Encroachment Act, 1905. There is also a separate counter filed by the General Manager of the 6th respondent-A.P. Industrial Infrastructure Corporation Ltd. In the counter, while denying the allegations of petitioners, it is stated that the petitioners were in occupation of the Government land and they were evicted in the year 1990 by initiating proceedings under the Land Encroachment Act. It is further stated in the counter that in the absence of issuance of any D-Form pattas, petitioners cannot claim any right or title to the land in question. It is also stated that the A.P. Industrial Infrastructure Corporation Ltd. is already given possession of the land. Heard learned counsel for petitioners and the learned Government Pleader appearing for respondents. Though the petitioners are claiming title and possession over the land in question, for seeking directions to the respondents to notify the said land for acquisition under the provisions of the Land Acquisition Act, it is to be noticed that undisputedly the land in question is Government land. The petitioners have relied on the assignment proceedings issued in the year 1981. I have also perused the copy of proceedings, dated 30th June 1981, issued in favour of petitioners. The said proceedings merely show that the petitioners were tentatively assigned the land in question, subject to grant of D-Form pattas subsequently. As such, in the absence of issuance of any D-Form pattas as per the Board Standing Orders, the petitioners cannot claim title and possession so as to seek directions for acquisition of land. From the counter affidavit filed by the respondents, it is clear that when the petitioners were in illegal possession of the lands in question, proceedings were taken up under the provisions of the Land Encroachment Act, 1905 and they were evicted before such land was transferred in favour of the 6th respondent-A.P. Industrial Infrastructure Corporation Ltd. In the absence of issuance of any D- Form pattas and in view of the stand of respondents that the petitioners were evicted in the year 1990 by initiating proceedings under the Land Encroachment Act, 1905, I do not find any merit in this writ petition, for grant of relief as prayed for. For the aforesaid reasons, the writ petition is dismissed. No costs. ______________________ R. SUBHASH REDDY, J 23rd August 2011 ajr