IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 24255 of 2003 Between: 1 S. Venkateswara Rao s/o Satyanarayana R/o Ventrapragada Pedaparapudi (M), Krishna Distirct 2 B. Balaratna Mohanrao S/o Satyanarayana R/o Kothapalli (V), Bapulapadu (M) Krishna District 3 P. Srinivasa Rao S/o Ramalingeswara Rao R/o Kothapalli (V), Bapulapadu (M) Krishna District 4 P. Neeraja W/o Srinivasa Rao R/o Kothapalli (V), Bapulapadu (M) Krishna District 5 P. Ramaswamy s/o Laxmana Swamy r/o Vempadu (V) Nuzivid (M), Krishna District 6 T. Rangarao s/o Narasimharao R/o Kothapalli (V), Bapulapadu (M) Krishna District 7 M. Sohban Babu S/o Rangarao R/o Hanuman Junction Bapulapadu (M), Krishna District 8 M. Sampath Kumar s/o Rangarao R/o Hanuman Junction Bapulapadu (M), Krishna District 9 L. Pitchaiah s/o Subbarao R/o Rangayya Apparaopet Bapulapadu (M), Krishna District 10 L. Sireesha d/o Pitchaiah R/o Rangayya Apparaopet Bapulapadu (M), Krishna District 11 L. Bapayya s/o Subbarao R/o Rangayya Apparaopet Bapulapadu (M), Krishna District 12 L. Padma Jyothi w/o Bapayya R/o Rangayya Apparaopet Bapulapadu (M), Krishna District 13 L. Kanakadurga W/o Ramalingeswara Rao R/o Rangayya Apparaopet Bapulapadu (M), Krishna District 14 B. Veeraraghava Rao S/o Satyanarayana R/o Kothapalli (V), Bapulapadu (M) Krishna District 15 T. Butchiyya s/o Gangayya R/o Kothapalli (V), Bapulapadu (M) Krishna District 16 V. Nagarama Krishna Prasad s/o Sivaprasad R/o Kothapalli (V), Bapulapadu (M) Krishna District 17 B. Narasimha Rao S/o Sriramulu r/o Vempadu (V) Nuzivid (M), Krishna District 18 P. Durga Prasad S/o Sitaramadas r/o Vempadu (V) Nuzivid (M), Krishna District 19 P. Jhansylakshmi w/o Durgaprasad, r/o Vempadu (V) Nuzivid (M), Krishna District 20 M. Sri Lakshmi w/o Krishna Murthy r/o Vempadu (V) Nuzivid (M), Krishna District 21 M. Sri lakshmi w/o Krishna Murthy r/o Vempadu (V) Nuzivid (M), Krishna District 22 D. Rama w/o Rambabu r/o Vempadu (V) Nuzivid (M), Krishna District ..... PETITIONERS AND 1 The Special Collector & Chairman, Land Purchasing, Committee, Nagarjunasagar left canal, Zone-III Tarnaka, Hyderabad 2 The Special DeputyCollector, Land Acquisition Unit Pulichintala and Nagarjunasagar Left Canal, Zone-III, Vijayawada, Krishna District 3 The Executive Engineer, NSC Division No. 25, Nuzivid, Krishna District 4 The Superintending Engineer, NSLC Zone III, Nuzivid, Krishna District 5 Sri Gollapalli Raghunathaswamivari Temple, Gollapalli, rep. by its Managing Trustee Gollapalli, Krishna District R5 is impleaded as per court order dt. 1-11-2004 in WPMP 26073 of 2004. ....RESPONDENTS Counsel for the Petitioners:MR.NIMMAGADDA SATYANARAYANA Counsel for respondents 1 to 4 : AGP FOR LAND ACQUISITION Counsel for respondent No.5: MR P.Roy Reddy The Court made the following : O R D E R: This writ petition is ﬁled for a writ of Mandamus to declare the action of the respondents in proposing to excavate six irrigation channels through the lands of the petitioners admeasuring Acs.45.78 cents at Vempadu Agraharam Village, Nuzivid Mandal, Krishna District, without acquiring the same, as illegal and unconstitutional. Heard the learned counsel for the parties and perused the record. In their aﬃdavit, the petitioners averred that since times immemorial, the forefathers of the petitioners and their predecessors were in possession of various extents of lands, as ryots, situated in Vempadu Agraharam Inam Estate Village. While the petitioners claim that they are entitled to ryotwari pattas, respondent No.5 claimed that the land was an inam land situated in inam village and accordingly the land belongs to it. O.S.No.69 of 1957 was ﬁled in the Court of Subordinate Judge, Vijayawada by one Kotluri Lakshmanaswami for declaration that Vempadu Agraharam is an estate within the meaning of Section 3(2)(d) of the Andhra Pradesh (Andhra Area) Estates Land Act, 1908 (for short “the 1908 Act”). The said suit having been dismissed, he ﬁled appeal, namely; A.S.No.64 of 1963 in this Court, which was also dismissed. He further carried the matter in LPA No.263 of 1968, which was allowed by a Division Bench of this Court by judgment dated 19-08-1971. In the Civil Appeal ﬁled by respondent No.5, against the judgment and decree passed in LPA No.263 of 1968, the parties arrived at a compromise which was recorded by the Supreme Court by its order dated 18-04-1990. It is further averred that G.O.Ms.No.430 Revenue (LA) dated 21-03-2003 was issued by the State Government by declaring Vempadu Agraharam Village as an inam estate village under Section 4(1) of the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948, subject to the conditions as agreed to in order dated 18-04- 1990 passed in Civil Appeal No.2541 of 1972. While the matters stood thus, an extent of Acs.45.78 cents, out of the above mentioned land, came under acquisition for the purpose of excavation of irrigation channels. The petitioners ﬁled this writ petition feeling aggrieved by the action of the respondents in seeking to dispossess them without paying compensation under the Land Acquisition Act, 1894. In the counter-aﬃdavit ﬁled by the Special Deputy Collector, L.A. Unit, Pulichintala Project & NSLC Zone-III, Vijayawada, Krishna District, it is, inter alia, averred that the proposals for acquisition of land were taken up as per the directions given by the Government on 09-10-2002; that Acs.2,539.92 cents in Survey No.35 stands registered in the name of respondent No.5-temple as absolute owner of the land and that the Land Purchase Scheme is being taken up to acquire Acs.45.87 cents. It is also stated that the Irrigation Department entered the land and excavated canals prior to issuance of G.O.Ms.No.430 Revenue (LA) dated 21-03-2003 and that the said G.O does not come in the way of acquisition of the lands under the Land Purchase Scheme. The Manager of respondent No.5-temple ﬁled a counter- aﬃdavit, wherein he denied the allegations of the petitioners that their forefathers and their predecessors were possessing various extents of lands as ryots since times immemorial and that they are entitled to grant of ryotwari pattas. It is further averred that the petitioners have not demonstrated as to how they are concerned with the ryots, who ﬁled O.S.No.69 of 1957 and consequently they cannot take shelter under the judgment of the Supreme Court in Civil Appeal No.2541 of 1972. He also averred that by virtue of Section 75 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short “the 1987 Act”), any lease of an inam land eﬀected, without prior sanction of the Government, is null and void and that as such, no one can claim tenancy or leasehold rights in relation to the land, in question, which is an inam granted in favour of respondent No.5-temple. The answering respondent also relied on Section 160 of the 1987 Act, to aver that the provisions of the said Act will prevail and have overriding effect. Though the petitioners claimed that from the time of their forefathers, their families are in possession of the lands in question, they have not ﬁled any material, whatsoever, in support of the said contention. As rightly pointed out by learned counsel for respondent No.5, the petitioners have not established any nexus between the order of the Supreme Court in Civil Appeal No.2541 of 1972 and their interest. The question as to whether the parties to the said Civil Appeal will continue to have their interests over the property notwithstanding the sweeping changes that were brought about by the provisions of 1987 Act or not need not be gone into in the present writ petition for the simple reason that the petitioners are neither parties to the said order of the Supreme Court nor they have established that they have any interest over the property in question. Even assuming that the petitioners were inam holders of the property as occupants, unless their rights are crystallized under the provisions of the 1908 Act, they cannot lay any claim for compensation for the land under acquisition. The petitioners have pleaded that by G.O.Ms.No.430 dated 21-03-2003, the Government of Andhra Pradesh declared Vempadu Agraharam as an inam estate village. However, they failed to plead that they have taken any steps to get a ryotwari patta in pursuance of the said notification. In view of this admitted fact situation, I need not delve into Sections 75, 76, and 82 of the 1987 Act, which deal with the inam lands, the extinction of leasehold rights in respect of properties belonging to the religious and charitable institutions etc. As the petitioners failed to establish their right over the land under acquisition, no relief in their favour can be granted in this writ petition. This order, however, does not preclude the petitioners from availing their remedies under law to establish their right over the property in question and claim compensation in respect thereof. The writ petition is, accordingly, dismissed. C.V.NAGARJUNA REDDY, J Dated 20th August, 2008 vrn