IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 14150 of 2005 Between: Veesam Satyavamma W/o. Veesam Sanyasi Naidu, R/o. Saitharupeta Village, S. Rayavaram Mandal, Temporarily Staying at Pedapadu Village, Atchutapuram Mandal, Visakhapatnam District. ..... PETITIONER AND 1 The Special Deputy Collector (LR), S.V.L.N. Devasthanam and L.A.O. of S.E.Z (L.A) Visakhapatnam District. 2 The District Collector, Visakhapatnam District. .....RESPONDENTS Counsel for the Petitioner:MR.A.S.C.BOSE Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following : ORDER: This writ petition is filed for a writ of mandamus to declare the action of the respondents in not passing an award and paying compensation in respect of Ac.0.57 cents in Survey No.225/4 of Duppituru Village, Atchutapuram Mandal, Visakhapatnam District as illegal, arbitrary and unconstitutional. The petitioner also sought for a consequential direction to the respondents not to interfere with the peaceful possession and enjoyment of the petitioner’s land of an extent of Acs.4.91 cents in Survey No.236/6 of the said Village. Heard Sri A.S.C.Bose, learned counsel for the petitioner and the learned Assistant Government Pleader for Land Acquisition for the respondents. The grievance of the petitioner is that the respondents were attempting to dispossess the petitioner from the above-mentioned extents of land, which admittedly belongs to her. Respondent No.1 - Special Deputy Collector (LR), S.V.L.N.Devasthanam and Land Acquisition Officer of S.E.Z.(L.A.), Visakhapatnam, filed a counter-affidavit, in which, it is inter alia stated that the above mentioned lands were found suitable for establishment of integrated Special Economic Zone; that on the proposals sent by the District Collector, proceedings under the Land Acquisition Act, 1894 (for short ‘the Act’) were initiated by issuing draft notification under Section 4(1) and declaration under Section 6 of the Act in respect of Ac.0.57 cents in Survey No.225/4 and that after receiving the approval of the District Collector, they were published in the Gazette in accordance with the provisions of the Act. He further stated that award was passed on 20.09.2004 in respect of the said extent and as the persons, who claimed compensation, could not produce sufficient documentary evidence in support of their claim, the award amount was kept in revenue deposits and that later on, at the request of the land owners, on 25.08.2005, the dispute was referred under Sections 30 and 31 of the Act to the civil Court for deciding title and the award amount was deposited in the Court. With respect to the land admeasuring Acs.4.91 cents in Survey No.236/6, it is stated that respondent No.1 informed the petitioner that as the said land was found in excess of the ceiling limit of the petitioner, the same was notified for acquisition; that the proceedings under the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 are pending in this Court and that depending upon the decision of the Court, action will be initiated by the Government to acquire the land, if it is found that the said land is within the ceiling limits of the petitioner. At the hearing, the learned counsel for the petitioner furnished a copy of order, dated 01.08.2007 in C.R.P.No.3206 of 1988 filed by the petitioner. A perusal of the said order shows that this Court set aside order, dated 06.06.1988 passed by the Land Reforms Appellate Tribunal, Visakhapatnam in L.R.A.No.31 of 1984, which confirmed order, dated 29.09.1986 passed in L.C.C.No.1358/75 on the file of the Land Reforms Tribunal, Visakhapatnam (for short ‘the Tribunal’) and held that the lands in Survey Nos.277/2C, 53/1, 53/2, 259/1, 266/A, 58/2, 54/1, 54/2, 116, 161, 82/1, 150, 51, 52, 149/5, 148, 218, 55 and 70 situated in various villages had to be treated only as dry lands, but not double crop wet lands. On this premise, the learned Single Judge remitted the matter to the Primary Tribunal to treat the said lands mentioned in the said survey numbers as dry lands and redetermine the holding of the petitioner, thereafter. The learned Assistant Government Pleader for Land Acquisition has not denied passing of such an order by this Court. Inasmuch as the respondents have not initiated land acquisition proceedings only on the ground that the land of an extent of Acs.4.91 cents in Survey No.236/6 was found to be in excess of the petitioner’s ceiling limits, in the wake of disposal of C.R.P. by this Court by holding that certain lands shall be treated as dry lands without re-determination of the holding of the petitioner, the said extent cannot be treated as excess land. Hence, the writ petition is disposed of in the following terms: (1) The Tribunal is directed to re-determine the holding of the petitioner and her family members in pursuance of order, dated 01.08.2007 passed by this Court in C.R.P.No.3206 of 1988, after giving notice to the petitioner, within a period of six (6) weeks from the date of receipt of a copy of this order. (2) If it is held by the Tribunal that the land in question, namely, Acs.4.91 cents in Survey No.236/6 of Duppituru Village, Atchutapuram Mandal, Visakhapatnam District is within the ceiling limits of the petitioner, the respondents shall initiate proceedings under the provisions of the Act, if they desire to acquire the same. If on the other hand, the said land was held to be in excess of the ceiling limits of the petitioner, the respondents shall be free to utilize the said land without initiating any proceedings under the Act. (3) Till a decision is taken by the Tribunal, as directed in (1) supra, status quo as on today shall be maintained with regard to possession. As a sequel to disposal of main petition, WVMP.No.2777 of 2005 is dismissed. C.V.NARAGJUNA REDDY, J 25th June, 2008. Note: issue copy to the Land Reforms Tribunal, Visakhapatnam. kvni