SODE RAJAIAH Vs. REVENUE DIVISIONAL OFFICER AND OTHERS

JUDGEMENT

(1.) The patta holder of Government lands filed the present writ petition seeking directions to the respondents to pay appropriate compensation at the prevailing market rate or the lands acquired by the respondents.

(2.) The case of the petitioner in nut-shell is that he is the owner of agricultural land having an extent of 5 acres situated in S. No. 218/1 at Puchirala village in Velurupahad mandal, Khammam district. The respondents have acquired the land in the year 1986 for the purpose of construction of housing colony, but however the petitioner was not paid the compensation in accordance with the Land Acquisition Act. In spite of his repeated representations, there was no response from the officers and therefore he is compelled to file the present writ petition seeking appropriate directions.

(3.) In the counter filed on behalf of the respondents, it is stated that the land which is in possession of the petitioner was originally belonged to the Government. The petitioner was assigned an extent of 5 acres of land. The assignment proceedings were issued by the Tahsildar, Burgumpahad dated 28-12-1980. The patta granted to the petitioner was subject to the terms specified in Government notification No. 160 dated 25-7-1978 and G. 0. Ms. No. 993 dated 13-10-1969. It is stated that as per Clause 12 of patta certificate, the assignee is not entitled for any compensation in the event of the land being acquired by the Government for public purpose. It is further stated that only an extent of four acres was resumed by the Government and improvement charges were deposited. But, however the petitioner , failed to receive the said amount. Thus, the respondents contend that the petitioner is not entitled for market value of the land and other benefits as contemplated under Land Acquisition Act as the land belonged to the Government.