IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIRST DAY OF SEPTEMBER, TWO THOUSAND EIGHT ONLY PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.6076 of 2005 Between: Shaik Fakruddin … Petitioner AND The District Collector, Kurnool District & others. … Respondents Counsel for the petitioner : None Counsel for respondents 1&2: AGP for Land Acquisition Counsel for respondents 3&4: Sri Pratap Narayan Sanghi for Sri G.S. Sanghi This Court made the following: THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.6076 of 2005 ORDER:- This writ petition is ﬁled for a writ of Mandamus to declare the action of the respondents in taking possession of an extent of Ac.0.18 cents out of Ac.0.62 cents in Sy.No.1109 of Bethamcherla, Kurnool District belonging to the petitioner, as illegal and arbitrary. At the hearing, there is no representation for the petitioner. Heard the learned Assistant Government Pleader for Land Acquisition for respondent Nos.1 and 2, Sri Pratap Narayan Sanghi representing Sri G.S. Sanghi for respondent Nos.3 and 4 and perused the record. The grievance of the petitioner, as could be culled out from the averments contained in the aﬃdavit, is that while he is the owner of the property admeasuring Ac.0.62 cents in Sy.No.1109 having purchased the same, an extent of Ac.0.18 cents out of the said land is proposed to be utilized for laying of a railway line for the purpose of stopping the failed engines to avoid accidents and that no proceedings under the Land Acquisition Act, 1894 (for short, ‘the Act’) are initiated for utilizing the said land. The petitioner relied on the certiﬁcate issued by the Mandal Deputy Surveyor, Bethamcharla, wherein it is stated that the survey conducted revealed that the railway department has encroached into Ac.0.17 ½ cents of land in Sy.No.1109. While respondent Nos.3 and 4 in their counter- aﬃdavit stated that after the joint survey to be conducted by respondent Nos.1 and 2, if it is found that the railways were in possession of the land in Sy.No.1109, it will follow the provisions of the Act, however, in the counter-aﬃdavit ﬁled by respondent Nos.1 and 2, it is categorically asserted that the answering respondents have not sent any requisition to acquire the land in Sy.No.1109 since the entries in RSR show that the said land is a ‘B’ class railway poramboke and not a patta land. The petitioner neither ﬁled the reply aﬃdavit controverting the said averments nor he ﬁled any document whatsoever to prima facie show that he is the owner of the property in question. In view of the same, the writ petition is dismissed. ____________________________ C.V.NAGARJUNA REDDY, J Date: 01.09.2008 ES