IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No. 2556 of 2007 Between: 1 Boppana Gangadhara Rao, S/o.Venkata Ratnam, R/o.Veerisettigudem, Kamarpukota Mandal, West Godavari District. 2 Boppana Satyanarayana, S/o.Venkata Ratnam, R/o.Veerisettigudem, Kamarpukota Mandal, West Godavari District. 3 Tolam Nagendra Rao, S/o.Satyanarayana, R/o.Veerisettigudem, Kamarpukota Mandal, West Godavari District. 4 Veeravalli Anjaneeyulu, S/o.Lakshamaiah, R/o.Veerisettigudem, Kamarpukota Mandal, West Godavari District. ..... PETITIONERS AND 1 The Government of A.P. rep.by its Secretary, Revenue, Secretary, Revenue, Secretariat, Hyderabad. 2 The District Collector, West Godavari District, Eluru. 3 Revenue Divisional Officer-Land Acquisition Officer, West Godavari District. 4 Mandal Revenue Officer, Kamavarapukota Mandal, West Godavari District. .....RESPONDENTS 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 an order, direction or a writ, more particularly a Writ of Mandamus declaring the proceedings of respondent No.2 bearing No.F5/SW/125/2006(G1), dated 6.1.2007 as illegal arbitrary, discrimination and violative of Article 21 of the Constitution of india and pass a consequential order setting aside the same and pass such further or other orders. Counsel for the Petitioners: MR.J.PRABHAKAR Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following ORDER: The petitioners are the owners of diﬀerent extents of land in various survey numbers of Uppalapadu Village of West Godavari District. A notiﬁcation under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’) was issued, proposing to acquire the lands of the petitioners admeasuring Ac.1.70 cents. In response to a notice issued under Section 5-A of the Act, the petitioners submitted their objections. On a consideration of the same, the second respondent passed an order, dated 06.01.2007, rejecting the objections. The petitioners challenge the same on several grounds. A detailed counter-aﬃdavit is ﬁled on behalf of the respondents, furnishing the particulars of the lands held by the petitioners and pleading that an award has since been passed. Heard the learned counsel for the petitioners and the learned Government Pleader for Land Acquisition. The grounds urged by the petitioners are that (a) they are small farmers and their lands are being acquired contrary to the provisions of the Act, and (b) the alternative lands belonging to the Government as well as private owners are available for providing house sites. From a perusal of the particulars furnished by the respondents in the counter aﬃdavit, it is evident that the petitioners hold substantial extents of agricultural lands. On the second objection, the respondents pleaded that there are no suitable lands available in the village for providing house sites. This Court cannot adjudicate these disputed questions of fact. Be that as it may, the Land Acquisition Oﬃcer has since been passed an award. Therefore, nothing remains to be decided in this writ petition. Hence, the writ petition is dismissed. There shall be no order as to costs. ___________________ L.NARASIMHA REDDY,J Dt: 15.09.2008. kdl