IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 26682 of 2008 Between: Kokku Vasantha, D/o. Balasubrahmanyam Setty, R/o. Old No. 36, New No. 142, Rasappachetty Street, Park Town, Chennai ..... PETITIONER AND 1 The State of Andhra Pradesh Department of Energy, Rep by its Government Special Chief Secretary, Hyderabad. 2 The Revenue Divisional Officer and Land Acquisition Officer, Nellore. .....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 to issue an appropriate writ, order or direction more particularly in thenature of Writ of Mandamus declaring the impugned GO Rt.No. 333 Energy (Power-IV) Department dated 15-10-2008 issued by the 1st respondent as arbitrary, illegal, capricious and violative of all mandatory provisions of Land Acquisition Act apart from right guaranteed under Article 300A of the constitution of India and consequently set-aside the said notification and pass Counsel for the Petitioner:MR.SAI GANGADHAR CHAMARTY Counsel for the Respondent No.: GP FOR ENERGY The Court made the following : THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.26682 of 2008 ORAL ORDER: This writ petition is filed seeking a Mandamus declaring the impugned G.O.Rt.No.333 Energy (Power-IV) Department dated 15.10.2008 issued by the first respondent as arbitrary and illegal. It is the case of the petitioner that she is the absolute owner and possessor of land to an extent of Ac.0-92 cents in R.S.No.550/1-2 of Krishnapatnam village, Muthukur mandal, Nellore district. According to the petitioner, a notification under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’) was issued, wherein her name was shown as occupier. Challenged the same, she filed Writ Petition No.4550 of 2007. In the said writ petition, interim stay was granted and the respondents were directed to conduct 5-A enquiry. While that being so, the second notification was issued on 5.3.2008. Challenging the same, the present writ petition is filed stating that in the earlier notification, subject land was shown as Survey No.550/1-2, whereas in the present notification dated 5.3.2008 it was shown as Survey No.557 in the name of petitioner. Therefore, petitioner filed objections stating that the subject land belongs to her and that survey number was wrongly mentioned and pattadar name was also wrongly mentioned. Since the said objections were not considered by the respondents, petitioner filed Writ Petition No.15290 of 2008. The said writ petition was disposed of by this Court by order dated 16.7.2008 directing the respondents to consider the objections raised by the petitioner and to pass appropriate orders in accordance with law. Thereafter, the impugned G.O. was issued by the Government. Questioning the same, the present writ petition is filed. The learned counsel for petitioner strenuously contended that the objections filed by the petitioner were not properly considered and therefore, proceedings under Section 4(1) and 5-A of the Act are liable to be set aside. A bare look at the impugned G.O. dated 15.10.2008 would itself indicate that three objections raised by the petitioner were considered and answered accordingly. Admittedly, the subject land is acquired for establishment of 4000 M.W. Ultra Mega Power Project at Krishnapatnam, Muthukuru mandal, Nellore district. Therefore, in a situation like this, the objections raised by the owners cannot be entertained and land acquisition proceedings cannot be interfered with unless a grave illegality is brought to the notice of the Court. In this case, no grave illegality has been brought to the notice of the Court. I am of the opinion that the respondents have followed the procedure as required under law. Under those circumstances, the writ petition is disposed of directing the authorities to proceed, as per law and the interim order passed on 12.12.2008 stands vacated. No order as to costs. _____________ C.V.RAMULU, J Date: 1.4.2009 DA THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.26682 of 2008 1.4.2009