THE HON’BLE SRI JUSTICE V.V.S. RAO WRIT PETITION No.18772 of 2002 15.10.2009 Between: Bugatha Lokanadham, S/o.Balaram … Petitioner and Mandal Revenue Officer, Palasa Mandal, Srikakulam District And others … Respondents THE HON’BLE SRI JUSTICE V.V.S. RAO WRIT PETITION No.18772 of 2002 ORDER: The petitioner is owner of land admeasuring Acs.0.40 in survey No.575/7 situated at Pedanchala village of Palasa Mandal in Srikakulam District. The District Collector initiated proceedings under Land Acquisition Act, 1894 (the Act, for brevity), for acquisition petitioner’s land for providing house sites to weaker sections. After issuing notification, declaration and following necessary procedure, first respondent passed Award No.32/77 dated 25.2.1977. Petitioner however did not receive compensation. According to him, the land is low-lying area, and therefore, it is not fit for construction of houses. It appears that respondents also realized the same and did not initiate any steps to take possession of land as required under Section 16 of the Act, even though Award was passed on 25.2.1977. Petitioner through local MLA approached the District Collector for reconveyance of the land. The same was considered favourably. The Joint Collector, Srikakulam, addressed a communication to fourth respondent stating that the land is low-lying area prone to inundation in rainy season. Even before necessary orders are passed, it is alleged that, first respondent came to the land in second week of September 2002 and informed petitioner that possession of land is being taken over. Therefore present writ petition is filed. The Mandal Revenue Officer (now, Tahsildar), Palasa, filed counter affidavit. While denying the allegations that the possession is not taken over, it is asserted that possession has already taken in 1979. The other allegations made by petitioner are not denied. In view of the counter averment, this Court directed learned Assistant Government for Revenue (Assignment) to produce relevant file containing Panchanama under which possession was taken from petitioner. Today learned Assistant Government Pleader for Revenue submitted File. A perusal of the same would show that there is no Panchanama conducted by any of the officials. In view of this, a letter addressed by the Joint Collector to fourth respondent and another communication from the Tahsildar, Palasa, to District Collector would ex facie prove that possession of the land still remains with petitioner. Therefore, respondents 4 and 5 may consider the report of Joint Collector vide letter Rc.No.1276/77, SWLA, dated 17.3.1999, proposing withdrawal of land acquisition proceedings. As reconveyance of the land cannot be ordered in view of the law laid down by the Supreme Court in Northern Indian Glass Industries v Jaswant Singh[1], respondents 4 and 5 may consider withdrawal of land acquisition proceedings under Section 48 of the Act. This exercise may be completed within a period of six months from the date of receipt of a copy of this order. Till then there shall be status quo as on today. The writ petition is accordingly disposed of. No costs. ________________ (V.V.S.RAO,J) October 15, 2009 YS [1] (2003) 1 SCC 335