IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 21887 of 2008 Between: 1 R.B. Jitender Raj Ranka, S/o. Sri Bherulal Ranka, R/o. H.No. 7-2-732, Pot Market, Secunderabad. 2 R.B. Parasmal Jain, S/o. Sri Bherulal Ranka, R/o. H.No. 7-2-732, Pot Market, Secunderabad. ..... PETITIONER(S) AND 1 The Government of Andhra pradesh, Department of Revenue (Land Acquisition), Rep. by its Principal Secretary, Secretariat Buildings, Hyderabad. 2 The A.P. Industrial Infrastructure Corporation, Rep. by its Managing Director, Hyderabad. 3 District Collector, Medak District at Sanga Reddy. 4 The Revenue Divisional officer, Siddipet, Medak District. 5 The Tahsildar, Toopran Mandal, Toopran, Medak District. 6 Pushpak Auto Components, Rep. by its Managing Partner, Sri Ananda Reddy, Plot No. 88/CIDA, Jeedimetla, Hyderabad. .....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,one in the nature of Writ of Mandamus declaring the action of the respondents 1,3 to 5 in resuming the petitioner's lands admeasuring Ac. 5.01 gts and Ac. 5.01 gts. (total Ac. 10.02 gts.) respectively in Sy.No. 148/2 of Kallakal Village, Toopran Mandal, Medak District, along with trees, well and borewell to the government and in alienating the same to the 2nd respondent and in turn to the 6th respondent as illegal, contrary to law, arbitrary and agaisnt the principles of natural justice and consequently direct the respondents either to redeliver the land or to pay the compensation to the petitioners under the provisions of the Land Acquisition Act, and to pass Counsel for the Petitioner:MR.VENKATESWARLU POSANI Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.21887 of 2008 ORDER: The petitioners claim to have purchased Ac.5.00 of land each in Survey No.148/2 of Kallakal Village, Tooporan Mandal, Medak District in the year 1995. The land is said to have been initially assigned to a freedom ﬁghter and thereafter, it changed hands before it was purchased by the petitioners. On coming to know that the A.P. Industrial Infrastructure Corporation was initiating steps vis-à-vis the land, the petitioner ﬁled W.P.No.16076 of 2008. During the course of hearing, it emerged that the land was resumed to Government and in fact, the learned counsel for the petitioners has been given a reply on 08.05.2008. Taking note of these developments, the writ petition was disposed of on 25.07.2008, directing that the respondents shall not interfere with the possession of the petitioners without following due process of law. On behalf of the petitioners, an application under the Right to Information Act was ﬁled on 30.08.2008, with a request to furnish the copies of the various notiﬁcations under the Land Acquisition Act vis-à-vis the land, as well as the copy of the award. The Revenue Divisional Oﬃcer, 4 th respondent herein issued a memo, dated 04.09.2008, stating that the land was not acquired and in that view of the matter, the question of furnishing the copies of the proceedings under that Act does not arise. The petitioners state that in the recent past, the 6th respondent is said to have been delivered possession, and it is attempting to cut the mango and guava trees existing over the land. They challenge the action of the respondents. Heard the learned counsel for the petitioners, learned Government Pleader for Land Acquisition and the learned Standing Counsel for A.P. Industrial Infrastructure Corporation. The petitioners were informed through letter, dated 08.05.2008, addressed by the 5th respondent herein, that the possession of the land was resumed, vide proceedings, dated 22.11.2006. Instead of taking steps to obtain the copy of the said order and pursuing remedies against it, the petitioners have chosen to approach the 4th respondent, with a request to furnish the copies of the proceedings under the Land Acquisition Act. When the land was resumed to Government, the question of acquiring it does not arise. The petitioners should have secured the copy of the proceedings, dated 22.11.2006, and pursued the remedies. Even now, it is not too late. Therefore, the writ petition is disposed of, leaving it open to the petitioners to approach the 5th respondent, to obtain the copies of the proceedings, relating to resumption of the lands, in question, including the order, dated 22.11.2006. As and when the petitioners approach, the 5th respondent shall furnish the copies of all the proceedings in relation to the land. It shall also be open to the petitioners to pursue their remedies in accordance with law. The 6th respondent, who is said to have been delivered possession, shall not cut the trees existing on the land for a period of three (3) weeks from today. There shall be no order as to costs. _________________________ (L.NARASIMHA REDDY,J) Date: 30.09.2008 Note: Furnish C.C. immediately. (B/o) JSU .. REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{SPJS} THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.21887 of 2008 Date: 30.09.2008 JSU