SURADA TATA RAO Vs. COLLECTOR AND DISTRICT MAGISTRATE

JUDGEMENT

(1.) This writ petition is filed for a Mandamus to set aside endorsement in Rc.No.18/11/E2/SW, dated 01.10.2011, of respondent No.2.

(2.) I have heard Ms. M. Uma Devi, learned counsel representing Mr. G. Rama Gopal, learned counsel for the petitioner, and the learned Assistant Government Pleader for Land Acquisition.

(3.) The petitioner was the owner of Ac.0.47 cents of land in Sy.No.34/3 of Chepalauppada Village, Bheemunipatnam Mandal, Visakhapatnam District. The said land was acquired by the Government in the year 1985 for the purpose of construction of houses to the weaker sections under the provisions of the Land Acquisition Act, 1894. The petitioner admitted that he was paid compensation for the said land, but claimed that he continued to be in possession of the said land as the same was not utilized by the Government for the purpose for which it was acquired. The petitioner approached respondents 1 and 2 with a request to re-convey the said land as the same is not being put to use by the Government. The said request was considered and the same was rejected by respondent No.2 vide the impugned endorsement, whereunder it was stated that the land once acquired stands vested in the Government and that due to any reason if the land is not utilized for the purpose for which it was acquired, the same can be utilized for any other public purpose.