IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY THURSDAY, THE TWENTY NINETH DAY OF JULY, TWO THOUSAND TEN WRIT PETITION No.3308 of 2006 Between: Maram Reddy Chenchi Reddy (Ex-Serviceman). … Petitioner And The District Collector, Prakasam District, Ongole and others. … Respondents Counsel for the petitioner: Sri K.Lakshminarayana Reddy. Counsel for the respondents: AGP for Land Acquisition. This Court made the following: ORDER:- This Writ Petition is filed for a Mandamus to declare the inaction of the respondents in returning the land admeasuring Ac.1.81 cents in Survey No.26/1A of Akkacheruvu village, Hamlet of Gottipadia village, Markapur Mandal, Prakasam District, to the petitioner in pursuance of no objection letter, dated 30-8-1999, issued by respondent No.3 and communicated to respondent No.2, as illegal and arbitrary. I have heard Sri K.Lakshminarayana Reddy, learned counsel for the petitioner, and perused the record. The above mentioned land was acquired by the State for the purpose of restoration of the breached Akkacheruvu tank. After completion of the acquisition proceedings, Award No.1 of 1979 was passed on 10-3- 1979. As the owner of the land has not received the compensation, the same was evidently kept in revenue deposit through Challan No.545 dated 15-6-1979. The petitioner claimed that he has purchased the said land under an agreement of sale, prior to the acquisition; and that later he got a regular sale deed, dated 7-6-1979, executed by his vendor. Since then the petitioner had made efforts to impress upon the respondents to return the said land to him on the ground that as the land is located at a higher level, it was not useful for the purpose for which it was acquired. The petitioner has placed reliance on the interdepartmental correspondence exchanged between the respondents in support of his claim. After hearing the learned counsel for the petitioner and on consideration of the facts, I am of the view that with the passing of the award on 10-3-1979, the title in the land vested absolutely in the State. Therefore, sale deed dated 7-6-1979, under which the petitioner is claiming title, has not conveyed any title to the petitioner. In the absence of any title over the land, the petitioner is not entitled to approach the respondents for returning the land, even assuming that Section 48 of the Land Acquisition Act, 1894 applies. It is only the original owner of the land, from whom the land was acquired, that may be entitled to make such a request. In the face of the above admitted facts, I am of the view that the petitioner has no locus to maintain this Writ Petition. The Writ Petition is accordingly dismissed. ---------------------------------------- - C.V.NAGARJUNA REDDY,J Date:29-7-2010 MNR