THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.1134 of 1998 Dated:16.09.2010 Between: L.Subba Rao, And others. ….Petitioners And The District Collector, Guntur District, And others. …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.1134 of 1998 ORDER: The petitioners are legal heirs of one Sri L.V.Manohar Rao, who was the owner of land admeasuring Acs.3.55 cents in survey No.971/1 and Ac.1.68 cents in survey No.972/2 of Bapatla in Guntur District. These lands along with other lands were proposed to be acquired for a Cooperative House Building Society vide notification in G.O.Rt.No.358, Food and Agriculture (Cooperative V) Department, dated 12.02.1990. Whatever be the reason, the proposals were ordered to be withdrawn by the Government vide their orders in G.O.Rt.No.9, Housing (CH) Department, dated 24.01.1992. The land which was taken possession by that time had already been handed over to requisitioning authority. Even after the withdrawal of the acquisition proceedings the land was not redelivered. The petitioners’ predecessor Sri L.V.Manohar Rao filed W.P.No.2676 of 1992 seeking a direction for restoration of possession. By an order dated 20.04.1992 this Court disposed of the writ petition directing the Sub Collector, Tenali, to deliver the actual possession of the land referred to supra. The Cooperative Society unsuccessfully filed a writ appeal, being W.A.No.853 of 1992, which was dismissed on 25.02.1997. In obedience to the Court mandamus the Mandal Revenue Officer (respondent No.3) delivered possession of lands to Sri.L.V.Manohar Rao on 10.07.1992, except the land admeasuring Ac.0.35 cents, which is statedly encroached upon by third parties. The petitioners contend that all these encroachments have taken place after 18.12.1976, and therefore, the encroachers are liable to be evicted, and the land has to be redelievered possession to the petitioners. Therefore, the present writ petition is filed seeking a direction to remove the encroachments over an extent of Ac.0.35 cents in survey No.971/1 and 972/2 situated at East Bapatla Town, and handover vacant possession to the petitioners. The Mandal Revenue Officer has filed counter affidavit. The petition allegations are not disputed. It is, however, stated that the encroachments are in existence from the date of taking over possession of the land by the Government, that it is not possible to evict the encroachers, and that the respondents are offering alternative land to the petitioners in lieu of Acs.0.35 cents in survey No.418/2, 4. It is further stated that if the petitioners are not willing to accept the offer for allotment of alternative land, the Government is prepared to pay the market value for the land, which is under encroachment. The petitioners have filed a reply affidavit. The counter averments are not seriously traversed. The petitioners, however, allege that the land offered which is comprised in survey No.418/2, 4 is situated at a distance of 5 kms, that the petitioners have inspected the land along with the revenue Officials, and that there is no comparison between the land in Survey No.971/1 and proposed site in survey No.418/2, 4. The petitioners also allege that there is more than Ac.0.35 cents of land comprised in survey No.971/2, which is vacant, and is similar to the land in survey No.971/1, at a short distance. They pray to direct the revenue Officials to allot the land comprised in survey No.971/2. This Court heard the Counsel for the petitioners and perused the material on record. There is no dispute that the Government is willing to offer equal extent of land to the petitioners in lieu of the land which was proposed to be acquired and which is now under encroachment by third parties. The only dispute is with regard to the land offered by the Government. The petitioners contend that the land which is now offered comprised in survey No.418/2, 4 is at a far of distance, whereas the petitioners’ land which was proposed to be acquired and later withdrawn is in the center of the town. Therefore, they offered to accept the land in survey No.971/2. There is no dispute that the Government cannot have any objection to consider the request for allotment of land in survey No.971/2, which the petitioners are willing to accept free from encumbrances. Therefore, the writ petition is disposed of directing respondent Nos.1 to 3 to allot and handover peaceful possession of land admeasuring Ac.0.35 cents in survey No.971/2 situated at Bapatla. This exercise may be completed within a period of four months from the date of receipt of a copy of this order. There shall be no order as to costs. __________________ (V.V.S.RAO, J) 16.09.2010 vs