THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.3426 of 2010 ORDER: The petitioners claim to be the owners of Ac.21.79 cents of land in Sy.Nos.391 and 398 of Vakapadu Village, S.Rayavaram Mandal, Visakhapatnam District. They have narrated the manner in which they have acquired the title in the said land. The Ministry of Defence intended to establish the Naval Alternative Operating Base in the surroundings of Visakhapatnam, and for that purpose, an extent of Ac.968.59 cents was identified for acquisition. The 4th respondent herein was appointed as the Land Acquisition Officer, for that purpose. The petitioners contend that though proceedings were initiated under the Land Acquisition Act (for short ‘the Act’), as regards the various extents, the land owned by the petitioners was not notified for acquisition, but possession was taken by treating it as Government Poramboke. Once the respondents were about to take possession of their land, the petitioners filed W.P.No.448 of 2007. The respondents took the view that the land is a Government Poramboke. The petitioners pray for a Writ of Mandamus by declaring the action of the respondents in taking possession of the land in Sy.Nos.391 and 398 and handing over the same to the defence authorities, without payment of compensation, as illegal, arbitrary and violative of Article 300-A of the Constitution of India. Consequential relief, in the form of a direction to the respondents to notify the land for acquisition is sought. The petitioners contend that the respondents are relying upon old revenue records, of the year 1920, when the diglot of the Village consists of Sy.Nos.1 to 395 only, and that in the year 1935, re-settlement was undertaken, and in the fresh diglot, survey numbers were assigned, up to 420. The 4th respondent filed a counter-affidavit. According to him, the classification of the lands prayed for by the petitioners shows that it is a Government land, and in that view of the matter, there was no necessity to acquire the lands. It is also stated that there was no authenticated change of classification. Copies of adangals in respect of the land was also filed. Heard Sri B. Adinarayana Rao, learned counsel for the petitioners, and learned Government Pleader for Revenue. The petitioners assert that the lands are patta in nature, and that there is no basis for the respondents in treating the same as Government land. From a perusal of the record placed before this Court, it is evident that there is a serious dispute as to the classification of the land. It is only when the competent authority declares that the lands in question are private patta lands, that a necessity would arise for the respondents to initiate proceedings under the Act. As of now, the entries, at least in some of the revenue records, disclose that the land belongs to Government. If the petitioners are so advised, they have to approach the competent authority and seek declaration, as to the classification of the land. If any alteration of the classification is needed, the same has to be undertaken before the authority, which is conferred with the power. Till such exercise is undertaken, the respondents cannot be expected to initiate proceedings under the Act. The possession of the land has already been handed over to the Naval Authorities. Even now, the petitioners can initiate steps for declaration of the classification of the land, or alteration thereof, if necessary. Hence, the writ petition is disposed of, leaving it open to the petitioners to approach the competent revenue authority for seeking a declaration about the nature of classification of the lands in Sy.Nos.391 and 398 of Vakapadu Village, Visakhapatnam District. It is also directed that, in case the existing classification needs any modification, it shall be open to the petitioners to pursue the remedies, in that direction. If it ultimately emerges that the lands are private patta, owned by the petitioners, the respondents shall be under obligation to initiate steps under the Land Acquisition Act. There shall be no order as to costs. _______________________ L. NARASIMHA REDDY, J. Dt.28-02-2011. KO