THE HON’BLE SRI JUSTICE N.V. RAMANA W.P. No. 3699 of 2008 Oral order: The petitioners, who are two in number, claim to be pattadars of land in an extent of Acs. 4.80 cents and Acs. 5.00 respectively in Sys. No.1094 and 1094/2, Tipayapalli villagte, Pullampeta Mandal, Kadapa District, and that since the date of grant of pattas in the years 1983 and 1987 respectively, they have been cultivating and enjoying the same. While so, the petitioners state that the respondents wanted the petitioners to hand over the land to the Forest Department for the purpose of development of Vana Samrakshana Kendram. When the respondents tried to disposes the petitioners, the petitioners filed the present writ petition contending that the action of the respondents in trying to disposes them from the land in question, without issuing any acquisition notification under the provisions of the Land Acquisition Act, 1894 and without paying compensation is illegal and arbitrary. Respondent No.4, namely the Tahsildar, Pullampeta Mandal, Kadapa District, filed counter on his behalf and on behalf of respondent No. 3 in the year 2008 stating that the land in question assigned to the petitioners was not sub-divisioned and that it formed a big block of land. The petitioners did not bring the land under cultivation, and therefore, the same was handed over to the Forest Department on 02.12.2005 pursuant to the orders of the District Collector, Kadapa, dated 22.08.2005 and 02.12.2005 respectively. Thereafter, the District Collector, Kadapat, vide his proceedings dated 10.02.2007 transferred the same to the Forest Department, for comensatory afforestation, and accordingly, the revenue records were also mutated. However, it is denied that the petitioners are pattadars of the land to an extent of Acs. 9.80 cents in Sy. No.1094, which was handed over to the Forest Department, as compensatory afforestation is not correct and that the land inSy. Nos. 1094 and 1094/2 constitute big bloc, but not the newly submitted survey numbers. That there is vacant land to an extent of about Acs. 100.00 in the same block in Sy. No. 1094. That sub-division was not done and since the petitioners were granted pattadar pass books in respect of some extent of land, their cases will be considered. As respondent Nos. 3 and 4 in the above counter have taken contradictory stands, this Court by order dated 23.09.2010 directed the appearance of respondent No.4. As directed by this Court, respondent No.4 appeared before the Court in person and filed additional counter affidavit, stating that after canceling the DKT pattas, the land was taken possession of in favour of the Government. Thereafter, an extent of Acs. 369.00 of land in Sy. No.1094 was handed over to the Forest Department. It is further stated that there exists total extent of Acs. 810.00 of land in Sy. No. 1094 and that after handing over the land to the Forest Department and after exclusion of the land in possession of the assignees, still an extent of more than Acs. 100.00 exists under the control of the Government. The claim of the petitioners that their land is situated in the area that was handed over to the Forest Department, is denied stating that there was no sub-division in Sy. No. 1094 in respect of the pattas granted in favour of the petitioners. As the assignments were made in favour of the petitioners is not cancelled the petitioners will be shown the land in the available extent in Sy. No. 1094 that is with the Government. As respondent Nos. 3 and 4 in the counters have taken different stands, in that in one breath they stated that the pattas are cancelled and again stated that they are not cancelled, and having regard to the stand taken by respondent No.4 in the counter that the assignments made in favour of the petitioners are not cancelled, and that the petitioners will be shown the land in the available extent in Sy. No. 1094 with the Government, this Court directed respondent No.4 to give an undertaking to the effect that he will provide alternative land to the petitioners from out of the land in Sy. No. 1094. Accordingly, today, respondent No.4 has filed an undertaking taking the responsibility of showing the land in the available extent in sy. No. 1094 to the petitioners to an extent of Acs. 9.00 as per their extents mentioned in the assignment pattas situated at Tippayapalle village, Pullampeta Mandal, Kadapa District, within a period of six weeks. However, he has agreed to show the lands as indicated above, within three months. The above undertaking is placed on record, and in view of the above undertaking, no further orders need be passed in the writ petition, and the same is accordingly closed. No costs. ________________ N.V. RAMANA, J. Dated: 7th October, 2010 KSR