IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND NINE PRESENT: THE HON'BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION No.26745 of 2009 Between: Kalaga Veer Bramhanada Rao ..... PETITIONER AND The District Collector, East Godavari District at Kakinada and two others ..... RESPONDENTS ORDER: Heard the learned counsel on record. 2. This court issued rule nisi on 10-12-2009. 3. The Writ Petition is filed seeking a writ of Mandamus to declare the action of the respondents in not withdrawing the notification of proceedings, under Section 4 (1) of the Land Acquisition Act of the first respondent in proceedings No.G2/3971/2008 dated 09-07-2008 published in local newspaper regarding Land Acquisition proceedings in respect of Sy.No.115/1A, admeasuring Ac.8.00 cents belongs to the petitioner even though the notification lapsed long back, as illegal, contrary to law and against principles of natural justice and pass such other suitable orders. 4. Several facts had been narrated in the affidavit filed in support of the writ petition. 5. It is stated that the first respondent issued 4(1) Notification for acquiring the petitioner’s wet land in Sy.No.115/1A, admeasuring Ac.8.00 cents which was published in the local newspaper along with some other properties of third parties. Subsequently, the second respondent issued a notice by reference No.1343/08 dated 29-07-2008 under Form-3 calling for the objections and to attend for personal hearing on 16-08-2008. Immediately on receipt of the notice, the petitioner submitted his written objections to the second respondent and attended to the second respondent office on 16-08-2008 to submit his oral objections. On that day, the second respondent without hearing anything simply had taken signatures in empty papers. The petitioner requested to hear the objections, but the second respondent declined to hear and asked the petitioner to come on some other day, which will be informed by him. But, the second respondent never asked the petitioner to come to his office to hear oral objections. The petitioner further stated that before issuing notice, list of beneficiaries were prepared by the M.D.O. of Kirlampudi. The actual beneficiaries at the time of issuing notification were 100 members. Subsequently, the list of beneficiaries was verified by the third respondent and the third respondent after through verification prepared a final list of beneficiaries of 39 only and a note was placed before the first and second respondents. 6. Further it is stated that the petitioner submitted a formal representation after issuing the 4(1) Notification to withdraw the proceedings to acquire the petitioner’s agricultural land. Subsequently, even though petitioner made a representation to the respondents immediately after notification and filed objections as per the Form-3 notice dated 29-07-2008, but the 5-A enquiry was not conducted by the second respondent and at that time, the petitioner made a representation dated 12-01-2009 with detailed objections to the first and second respondents to withdraw the notification under Section 4(1) of the Land Acquisition Act. The representation dated 12-01-2009 is filed herewith for the perusal of this court. The contents of the representation dated 12-01-2009 may be read as part and parcel of this affidavit. 7. It is also stated that as per the provisions of the Land Acquisition Act, Section 6 of the declaration has to be published within one year from the date of 4(1) Notification by the respondents. But, in the present case the 4(1) Notification was published on 09-07-2008. From the date of 4(1) Notification, declaration of Section 6 has to be published within one year from the 4(1) Notification i.e., 09-07-2008, so Section 6 declaration has to be given on or before 09-07-2009. If Section 6 declaration is not given within one year from the date of 4(1) Notification, the 4(1) Notification automatically lapsed. 8. It is further stated that even though the 4(1) Notification lapsed automatically, the petitioner unable to do anything in the said land. Since, the petitioner is an agriculturist, when he approached either to Nationalized Bank or Co-operative Bank or private persons for loan, they are denying to sanction loans, as the land is under the process of land acquisition proceedings of the respondent. It is stated that the first respondent sent a letter on 06-07-2008 by reference No.3174 to the local Sub-Registrar Office not to register any document in respect of the said land as it is under Land Acquisition proceedings. The petitioner approached the Sub-Registrar to execute a gift deed in favour of his married daughters, the Sub-Registrar declined to register the said document under the guise of the letter from the respondents. 9. It is further stated that as the respondents failed to withdraw the notification of proceedings under Section 4(1) of Land Acquisition Act of the first respondent in Proceedings No.G.2/3971/08 dated 09-07-2008 published in local newspaper regarding Land Acquisition proceedings in respect of Sy.No.115/1A, admeasuring Ac.8.00 cents belongs to the petitioner, even though the notification lapsed long back. It is stated that the petitioner is facing day-to-day problem in getting the agriculture loan or in registering gift deed and suffering mental agony and sustaining irreparable loss. In such circumstances, the writ petitioner approached this court. 10. It is stated by the learned Assistant Government Pleader for Land Acquisition that the alternative lands are available and in the light of the same, it may not be necessary to further proceed with the acquisition proceedings. 11. In the light of the facts and circumstances, since notification had lapsed, by operation of law, the writ petitioner has bound to succeed. 12. Accordingly, the writ petition is allowed to the extent indicated above. There shall be no order as to costs. ___________________ P.S. NARAYANA, J December 31, 2009. PN THE HON'BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION No.26745 of 2009 December 31, 2009