HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE and HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY Dated: 19-01-2010 WRIT APPEAL No. 1496 OF 2009 Between: K. Gangadhara Rao ... APPELLANT AND State of Andhra Pradesh, rep., by its Principal Secretary, Revenue & Land Acquisition Department, Secretariat Buildings, Hyderabad and three others ... RESPONDENTS HON’BLE THE CHIEF JUSTICE, SRI ANIL R. DAVE AND HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT APPEAL No. 1496 OF 2009 JUDGMENT: (per Sri C.V. Nagarjuna Reddy, J) Feeling aggrieved by order dated 30-11-2009 in Writ Petition No. 17109 of 2008, the writ petitioner filed this appeal. An extent of 30 cents of land in R.S No. 438/14B of Venkayammapeta Village, Kadiam Mandal, East Godavari District was notified for acquisition under the provisions of the Land Acquisition Act, 1894 (for short, ‘the Act’). The said land was proposed for acquisition for laying an approach road to reach SC ST Colony. In pursuance of the notice issued under Section 5-A of the Act calling for objections, the appellant filed objections. According to the appellant, there is an alternative land classified as government puntha which could be used for laying the road avoiding the acquisition of the proposed land. In the remarks submitted by the Land Acquisition Officer, existence of puntha land is admitted, but it is however stated that the said government puntha land is not convenient to the villagers for being utilized as pathway. The learned single Judge dismissed the writ petition on the premise that disputed questions of fact are involved. Heard the learned counsel for the petitioner and the learned Government Pleader for Land Acquisition appearing for the respondents. The learned Government Pleader has invited our attention to the averments contained in paragraph 5 of the counter affidavit filed by the Revenue Divisional Officer, Rajahmundry wherein it is mentioned that the appellant is not concerned with the extent of 30 cents which was acquired, as Kumari Umamaheswari, daughter of Venkateswara Rao is the owner of the said property. It is further averred that though the petitioner is the owner of Ac.1.06 cents of land in the same survey number, the same has not been notified for acquisition. The appellant has not filed any reply affidavit denying the said averments. In the absence of such denial, we find justification in the contention of the learned Government Pleader that the appellant has no locus to question the said acquisition. Though the learned single Judge has not dismissed the writ petition on that ground, having regard to the uncontroverted fact that the appellant is not the owner of the extent of 30 cents, we do not find any reason to entertain this writ appeal at his instance. The writ appeal is accordingly dismissed. As a sequel to dismissal of the appeal, WAMP No. 3119 of 2009, filed by the appellant for interim relief, is also dismissed. Before closing this case, we find it appropriate to state that the government puntha land is admittedly under occupation of certain encroachers. It is the responsibility of the respondents to ensure that the encroachments are removed and the possession of the land is restored to the Government at the earliest. Respondent Nos. 2 to 4 are accordingly directed to remove the encroachments and restore possession of the land to the Government as early as possible. ANIL R. DAVE, CJ C.V. NAGARJUNA REDDY, J 19-01-2010 ks