VEERINAIDU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is an application filed under Article 226 of the Constitution of India by one by name Sri Budha Veerinaidu requesting this court to declare the proceedings of the Government Memo No. 269/Agr. II/78-26 dated 8-8-1979 as discriminatory, arbitrary and not bona fide and to direct the state of Andhra Pradesh represented by the secretary (Food and Agriculture) Dept,. Hyderabad and the Special Tahsildar and Land Acquisition officer, Visakhapatnam Revenue Division, Visakhapatnam not to proceed further with the acquisition of the land of the petitioner situated in T. S. No. 66 of Anakapalli comprising an extent of Act. 29. 71 cents.

(2.) The petitioner is in possession of the land in question. He took the land on lease. At the time he took the land on lease, it was full of pits and most of it was lying waste. The petitioner states that after having taken the lease of land he spent more than two lakhs of rupees to level the land and bring it under wet cultivation, particularly for raising sugarcane crop which requires water throughout the year. He sunk bore-well to tap under ground water for cultivation. He entered into an agreement of sale with Smt. Rukmini, the owner of the land, with respect to half of the extent of the said land.

(3.) The petitioner further states that for the last eighteen years he has been using the land by raising sugar-cane and paddy crops. The land has not become very valuable. Tn the year 1963, the Anakapalli Municipality came with a proposal to acquire the land to establish a market. At that time the establishment of a market yard was within the competency of the Municipality. The Petitioner raised an objection to the effect that the lands were very valuable and good agricultural lands.