HON’BLE MS JUSTICE G. ROHINI WRIT PETITION No.19185 of 2010 Date: August 10, 2010 Between: 1. Balem Ramakrishna @ Krishna and another. … Petitioner And 1. The Government of Andhra Pradesh, rep. by its Secretary, Revenue (Land Acquisition) Department, Hyderabad and 2 others. … Respondents * * * HON’BLE MS JUSTICE G. ROHINI WRIT PETITION No.19185 of 2010 ORDER: This writ petition is filed seeking declaration that the acquisition of the lands of the petitioners situated in R.S. No.269/1 to an extent of Ac.0-37 cents, R.S. No.269/2 to an extent of Ac.0-30 cents, R.S. No.269/3A to an extent of Ac.1-61 cents and R.S. No.270/1A to an extent of Ac.0-92 cents at Ravipadu village, Pentapadu Mandal, West Godavari District vide notification dated 24.12.2008 published under Section 4 (1) of the Land Acquisition Act, 1894 is arbitrary and illegal. Heard both parties. The respondents could not dispute the allegation of the petitioners that Section 6 declaration was not made within one year from the date of publication of the Notification. Though counter affidavit is not filed, the learned Assistant Government Pleader for Land Acquisition on instructions stated that the Notification under Section 4 (1) of the Land Acquisition Act (for short, the Act) was published on 27.12.2008 and the substance of the same was published in the locality on 02.02.2009, whereas the declaration under Section 6 of the Act could be made only on 06.02.2010. Thus, it is clear that even from the date of the publication of the substance of the 4 (1) Notification, the Declaration under Section 6 of the Act has not been made within the period of one year stipulated under second proviso to Section 6 (1) of the Act. Hence the impugned acquisition proceedings are vitiated and accordingly the writ petition is allowed as prayed for. No order as to costs. ______________ G. ROHINI, J Date: August 10, 2010. BSB