THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.5605 of 2010 Dated 17th November, 2011 Between: T.Amaravathi …Petitioner And The Government of Andhra Pradesh, rep.by its Principal Secretary, Revenue Department (Land Acquisition), Secretariat Buildings, Hyderabad and others …Respondents Counsel for the petitioner: Sri T.C.D.Sekhar Counsel for respondent Nos.1 to 4: AGP for Land Acquisition Counsel for respondent No.5: Sri P.Roy Reddy The Court made the following: ORDER: This writ petition is filed for a mandamus to declare the action of the respondents in not paying ex gratia to the petitioner for the land admeasuring Acs.5.00 situated in Survey No.64/2 of Siddamagraharam Village, Varadaiahpalem Mandal, Chittoor District as illegal and arbitrary. The petitioner sought for a consequential direction to the respondents to pay ex gratia in respect of the said land. I have heard Sri T.C.D.Shekar, learned counsel for the petitioner, the learned Assistant Government Pleader for Land Acquisition appearing for respondent Nos.1 to 4 and Sri P.Roy Reddy, learned Standing Counsel for APIIC, for respondent No.5. According to the petitioner, a DKT patta was granted by the revenue officials in her favour 30 years back, that respondent No.4 has issued pattadar passbooks and title deeds under the provisions of the A.P.Rights in Land and Pattadar Pass Books Act, 1971 and that the said land has been required by the Andhra Pradesh Industrial Infrastructure Corporation Limited (APIIC) for the purpose of establishment of an industrial park as part of Special Economic Zone in the year 2006. The petitioner filed this writ petition feeling aggrieved by non-payment of ex gratia amount in respect of the said land. Separate counter affidavits have been filed by respondent Nos.1 to 4 and respondent No.5. In the counter affidavit filed by respondent No.4, it is inter alia stated that no assignment was granted in favour of the petitioner and that the village accounts and pattadar pass books filed by her are fabricated. It is further stated that the land in question was assigned in favour of one D.Anjaneya Murthy and that after his demise, pattadar pass books were issued in favour of his daughter i.e., Smt.D.Vasanthakumari, vide patta No.131 of 1B Register of Siddama Agraharam Village and that a notice was issued calling upon her to submit explanation as to why the DKT patta issued in favour of her father should not be cancelled for violation of condition Nos.2 and 3 of the DKT patta. That as no explanation was received from her, the DKT patta was cancelled and the land was resumed vide proceedings, dated 24.05.2008. It is accordingly maintained that no ex gratia was paid to the legal heir of the assignee or to any third party. No reply affidavit is filed controverting the averments contained in the counter affidavit. The petitioner failed to file a copy of the purported DKT patta issued in her favour. Since respondent No.4 has in unequivocal terms described the pattadar pass books and the village accounts filed by the petitioner as fabricated, no value can be attached to these documents. If the petitioner asserts her title over the property, the only remedy available to her is to file a civil suit and get her title declared. For the above-mentioned reasons, the petitioner does not deserve any relief in this writ petition and the writ petition is accordingly dismissed subject to the observations made hereinabove. As a sequel to dismissal of the writ petition, W.P.M.P.No.7216 of 2010 is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 17th November, 2011 VGB