IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF JULY, TWO THOUSAND EIGHT ONLY PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.15280 of 2005 Between: Davanam Kanakaraju … Petitioner AND The District Collector, Kadapa, Kadapa District, & others. … Respondents Counsel for the petitioner : None Counsel for the respondents: AGP for Land Acquisition This Court made the following: THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.15280 of 2005 ORDER:- This writ petition is filed for a writ of Mandamus to direct the respondents not to acquire the lands admeasuring Ac.4.00 cents and Ac.0.40 cents comprised in Sy.Nos.418/1 and 420/1 respectively of Chinnamachupally Village, Chennur Mandal, Kadapa District. At the hearing, there is no representation for the petitioner. I have heard the learned Assistant Government Pleader for Land Acquisition and perused the record. In his affidavit the petitioner averred that he belongs to Scheduled Caste community and was issued a DKT patta on 02.08.1969. When the said lands were proposed to be taken over by the respondents without following the provisions of the Land Acquisition Act, 1894 (for short, ‘the Act’), the petitioner made representations not to deny him of the lands in view of the availability of alternative lands. Feeling aggrieved by the action of the respondents in seeking to proceed with dispossessing the petitioner from the said lands, he filed the present writ petition. In the counter-affidavit filed by the Mandal Revenue Officer, Chennur Mandal, Kadapa District, while admitting that the petitioner was granted a DKT patta in respect of the abovementioned lands, he averred that the said lands were resumed by order dated 14.05.2005 after following due procedure for violation of Rule No.2 of Darakast Rules and were handed over to the District Manager Housing, Kadapa on 11.06.2005. No reply affidavit is filed controverting the abovementioned allegations contained in the counter-affidavit. At the hearing, the learned Assistant Government Pleader for Land Acquisition produced a copy of proceedings dated 14.05.2005, wherein the DKT patta, standing in the name of the petitioner, was cancelled. In view of these uncontroverted facts, the petitioner is not entitled to any relief in this writ petition. The writ petition is therefore dismissed with liberty to the petitioner to question the order of cancellation of the patta before the competent authority at his option. As a sequel to dismissal of the writ petition, WPMP.No.19419 of 2005 filed by the petitioner for interim relief is disposed of as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J Date: 16.07.2008 ES