HON’BLE MR.JUSTICE R.SUBHASH REDDY Writ Petition No.18165 of 2007 Date: August 19, 2011 Between: Yarlagadda Sai Ramakrishna, S/o.Sathibabu, aged 45 years, Cultivation, R/o.Gandredu village, Pedapudi Mandal, East Godavari District … Petitioner And State of Andhra Pradesh, rep. by its Principal Secretary, Land Acquisition, A.P.Secretariat, Hyderabad and others … Respondents Order: This writ petition is filed with a prayer which reads as under: “To issue any appropriate Writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in issuing 4(1) notification No.G2/3149/2007 dated 29.05.2007 to acquire the land of the petitioner an extent of Ac.1.85 cents in S.No.257/7 in Gandredu village, Pedapudi Mandal, East Godavari District and also the notice issued by the 3rd respondent Ref.B1/841/2007, dated 28.07.2007 under Sections 9(3) and 10 of the Act, in respect of petitioner’s land as illegal, arbitrary and contrary to the provisions of the Land Acquisition Act, 1894 and also A.P.Agricultural Land (Conversion for Non-Agricultural Purposes) Act, 2006 and consequently set aside the declaration under Section 6 of the Act, and direct the respondents to drop further proceedings including dispossession of the petitioner from the said land.” A total extent of Ac.4.19 cents covered by different survey numbers of Gandredu village, Pedapudi Mandal, East Godavari District was notified for acquisition under the provisions of the Land Acquisition Act, 1894 (for short, ‘the Act’) which includes the land of the petitioner admeasuring Ac.1.85 cents in Sy.No.257/7. Notification under Section 4(1) of the Act is published in the District Gazette of West Godavari dated 29.05.2007 and notified in Deccan Chronicle and Visalandhra newspapers on 03.06.2007 and 27.06.2007 respectively. Subsequently, enquiry under Section 5-A of the Act was conducted on 06.07.2007 and basing on the report, further steps were taken and draft declaration under Section 6 of the Act was published in the District Gazette on 17.07.2007 and notified in Pledge and Andhra Prabha newspapers on 27.07.2007 and 28.07.2007 respectively. Thereafter award enquiry was taken up and the petitioner was issued notice under Section 9 of the Act. In this writ petition, acquisition proceedings are mainly questioned on two grounds. One is that the petitioner was not issued any notice in the enquiry under Section 5-A of the Act and he is deprived of filing his objections. The other ground is that the land in question is an agricultural land and unless there is conversion as per the provisions under the A.P.Agricultural Land (Conversion for Non-Agricultural Purposes) Act, 2006 the same cannot be used for housing purposes. A detailed counter-affidavit is filed by the 3rd respondent- Revenue Divisional Officer, Kakinada, who is the Land Acquisition Officer. In the counter-affidavit, while giving the details of the acquisition proceedings, it is stated that notice under Section 5-A of the Act has been issued to the landowners; to attend enquiry on 06.07.2007 vide proceedings dated 04.06.2007. It is stated that the said notice was got published; as much as landowners have refused to take notice; as such, respondents have adopted the procedure of affixture. It is further stated that as the landowners have not attended the enquiry nor filed any objections on 06.07.2007, i.e. on the date of enquiry, as such, by considering that there are no objections for the proposed acquisition, further steps were taken and draft declaration was issued under Section 6 of the Act. With regard to the allegation of the petitioner that the land in question is not converted under the provisions of the A.P.Agricultural Land (Conversion for Non-Agricultural Purposes) Act, 2006, it is stated that as and when the Government desires to utilize the land in question for non- agricultural purpose, necessary action will be taken for such conversion. The issue with regard to conversion of land before initiation of proceedings under the Land Acquisition Act, 1894 has been considered by this Court in R. Veera Raghava Prasad and Ors. Vs. District Collector and Anr.[1], wherein it is held that even before such conversion, the authorities can notify the land for acquisition. In view of the said judgment, the said ground was not pressed for and the only argument made is that the petitioner was not given notice under Section 5-A of the Act. When the matter had come up on the earlier occasion, it was adjourned so as to enable the learned Government Pleader to produce the relevant record. When the matter is taken up today, the relevant record relating to the acquisition proceedings is produced. A perusal of the said record shows that notice was issued under Section 5-A of the Act was issued in Form No.3 on 04.06.2007 and the same was signed by the Officer on the aforesaid date. On the backside of the said notice, there is an endorsement to the effect that as the petitioner has refused to receive the notice; the same was served by way of affixture. There are signatures of certain witnesses with regard to the said endorsement. A mediator’s report is also prepared on the aforesaid date to that effect that in the presence of independent witnesses that, as the petitioner and other owners refused to receive the notice, notice has been affixed to the compound wall. Although it is the case of the petitioner that there is no date on the endorsement, but, in the counter-affidavit it is stated that the notice dated 04.06.2007 was sought to be served on the petitioner; but as he has refused the same, it was affixed to the compound wall. When there is an endorsement on the backside of the notice under Section 5-A of the Act dated 04.06.2007 to the effect that petitioner has refused to receive the said notice and further in view of the averment in the counter-affidavit that though respondents wanted to serve the notice, the same has been refused by the petitioner, there is no reason to disbelieve the said averment. In that view of the matter, as the petitioner refused to receive notice and failed to file objections in the enquiry under Section 5-A of the Act, there is no illegality on the part of the respondents in issuing draft declaration under Section 6 of the Act and taking up award enquiry. In view of the foregoing reasons, no relief as sought can be granted in this writ petition and the same is accordingly dismissed. No order as to costs. _____________________ (R.SUBHASH REDDY, J) August 19, 2011 MRR [1] 2008 (2) ALT136