M SARASWATHI Vs. DIST COLLECTOR

JUDGEMENT

(1.) This appeal is directed against order dated 1-12-2006 passed by the learned Single Judge, whereby he dismissed the writ petition filed by the appellant for quashing memo dated 9-11-2006 issued by Special Deputy Collector, Land Acquisition (Industries), Hyderabd (respondent No.3).

(2.) The appellant claims to be a member of the joint family which owned land in Survey Nos. 220 and 221 of Kapra Village, Keesara Mandal, Ranga Reddy District, which was acquired by the State Government in 1966 for establishing Nuclear Fuel Complex. The possession of the land was taken over on 4-1-1967 and compensation was paid to the land owners. After 35 years, one of the share holders, namely, M. Rami Reddy succeeded in manipulating the State apparatus which resulted in issue of G.O. Ms. No.375 dated 7-9-2002 under Section 4(1) of the Land Acquisition Act, 1894, whereby some land was released from acquisition. That decision of the Government generated lot of litigation. Shri Bhaskar Reddy filed Writ Petition No. 24641 of 2005 for issue of a mandamus to the respondents to release the land measuring Ac. 11.03 guntas comprised in Survey No. 220 and Ac. 8. 31 guntas comprised in Survey No. 221 (total land measuring Ac. 19.34 guntas). The same was dismissed by the learned Single Judge vide his order dated 21-11-2005. The learned Single Judge relied on the judgments of this Court in Koppula Narasaiah v. Government of Andhra Pradesh and of the Supreme Court in Northern Indian Glass Industries v. Jaswant Singh and Government of Andhra Pradesh v. Syed Akbar and held that the acquired land cannot be reconveyed to the owners merely because the same has not been utilized. For the sake of reference, the order passed by the learned Single Judge is reproduced below.

(3.) W. A. No. 2335 of 2005 filed by Shri M. Bhaskar Reddy against the order the learned Single Judge was dismissed by the Division Bench, of which, one of us (the Chief Justice) was a member, vide its order dated 29-11-2005. Undeterred by reversals at two stages of legal proceedings, Shri M. Bhaskar Reddy approached the Supreme Court and filed petition for Special Leave to Appeal (Civil) No. 1470 of 2006, which was dismissed on 27-1-2006.