IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA W.P.NO.2051 OF 2008 Between: Nusetty Krishna Murthy S/o.Punnaiah R/o.H.No.40-1-112,Benz Circle, Vijayawada ..... PETITIONER AND 1 Govt.Of A.P, rep.by its Secretary L.A Hyd 2 Dist Collector, Krishna Dist 3 R.D.O Vijayawada Division 4 L.A Officer and Assistant Collector Vijyawada .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue any appropriate writ, order or direction, preferably a writ in the nature of Mandamus declaring the action of the respondents to acquire the petitioner's agricultural wet land admeasuring Ac.3.17 cents situate in Sy.No.33/2 of Kankipadu(V) &(M) Krishna Dist pursuant to the Notification published in Krishna Dist Gazetee No.257/2007 dt.15/12/2007 and all the consequential proceedings including the findings arrived at in the enquiry under Section 5(A) of the Act vide proceedings No.G4.5766/2007 dt. 25/01/2008 as being illegal arbitrary and hence violative of Article 14 and 300-A of the Constitution of India and consequently stay of all further proceedings including dispossession of the petitioner from the petitioner's agricultural land admeasuring Ac.3.17 cents situate in Survey No.33/2 of Kankipadu(V)&(M) Krishna District. Counsel for the Petitioner:MR.P.VENUGOPAL Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : THE HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.2051 of 2008 O R D E R The petitioner filed this writ petition with a prayer as follows: “…the High Court will be pleased to issue any appropriate writ, order or direction, preferably a writ in the nature of Mandamus declaring the action of the respondents to acquire the petitioner's agricultural wet land admeasuring Ac.3.17 cents situate in Sy.No.33/2 of Kankipadu(V) &(M) Krishna Dist pursuant to the Notification published in Krishna Dist Gazetee No.257/2007 dt.15/12/2007 and all the consequential proceedings including the findings arrived at in the enquiry under Section 5(A) of the Act vide proceedings No.G4.5766/2007 dt. 25/01/2008 as being illegal arbitrary and hence violative of Article 14 and 300-A of the Constitution of India and consequently stay of all further proceedings including dispossession of the petitioner from the petitioner's agricultural land admeasuring Ac.3.17 cents situate in Survey No.33/2 of Kankipadu(V)&(M) Krishna District.” Heard both the counsel. The dispute in this writ petition is whether the Government lands are available for the purpose of construction of houses for the weaker sections of the society. According to the petitioner, he filed objections before the Revenue Divisional Officer concerned, as provided under Section 5-A of the Land Acquisition Act, 1894 (for short ‘the Act’) wherein he categorically stated that the Government land is available and despite the said factual situation, the Revenue Divisional Officer rejected the objections on the ground that no suitable government lands is available. The petitioner has now filed an additional affidavit stating that the Government land is located in the following survey numbers. Survey Nos R.S.) No.100 (Ac.1.36 cents) 101 (Ac.1.05 cents) 120 (Ac.0.73 cents) 121 (Ac.1.44 cents) 124 (Ac.1.22 cents) 148 (Ac.0.82 cents) 190/4 (Ac.0.44 cents) 191 (Ac.0.82 cents) 193/6 (Ac.0.24 cents) 194/6 (Ac.0.34 cents) 196/4 (Ac.0.34 cents) 19 (Ac.0.09 cents) Even assuming that the Government land is available in the above survey numbers, it does not mean that the same shall have to be acquired and the petitioner’s land has to be deleted and excluded from the acquisition. If the lands mentioned by the petitioners in the additional affidavit i.e. the above survey numbers, are within the vicinity where Indiramma Illu are proposed to be constructed, the same may be taken into account and considered. However, as the other aspects are not raised by the petitioners and also not considered by the Revenue Divisional Officer, this Court is of the view that the same can as well be stated before the Revenue Divisional Officer and in such case, he may re-enquire into the said objections and decide as to whether the said Government land as mentioned by the petitioners in their additional affidavit is really available for the purpose of Indiramma Illu. In view of the statement of the learned Government Pleader that draft declaration was also published and as this Court is directing the Revenue Divisional Officer to re-enquire into the objections raised by the petitioner and Section 5-A enquiry will be held once again, the writ petition is disposed of and the said draft declaration is hereby set aside. There shall be no order as to costs. --------------------------------------- GOPALA KRISHNA TAMADA,J 14th MARCH, 2008 PGS To 1.2CCs to 2.2CD copies THE HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.2051 of 2008 14th MARCH, 2008