IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT HON'BLE MR JUSTICE P.S. NARAYANA WRIT PETITION NO. 25284 OF 2009 Between: Pothamsetti Gopaiah, S/o late Kondaiah ..... Petitioner AND The Government of Andhra Pradesh represented by its Principal Secretary, Revenue (Land Acquisition) and three others .....RESPONDENTS ORDER: The learned Assistant Government Pleader for Land Acquisition had taken notice on 20.11.2009 and requested time to get instructions. This matter is coming up for admission. The written instructions obtained by the learned Assistant Government Pleader for Land Acquisition had been placed before this Court. Sri P. Ravi Shanker, learned counsel for the petitioner would submit that the petitioner is left with no other land except an extent of 00.50 cents and in the light of the same and also in the light of the facts and circumstances explained, the acquisition is bad. The counsel also relied on Rc.No. 221/2009/C1, dated 18.9.2009, and would maintain that in the light of the same, it would be just and proper to drop further proceedings. On the contrary, the learned Assistant Government Pleader for Land Acquisition, would maintain that inasmuch as, the enquiry under Section 5-A of the Land Acquisition Act, has not yet completed, and let the petitioner be given liberty to raise all these objections and let these objections be enquired into by the concerned Competent Authority. Heard the learned counsel appearing for both sides. This Writ Petition has been filed with the prayer as follows: “For the reasons stated in the accompanying affidavit, the petitioners herein prays that this Hon’ble Court may be pleased to issue a Writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the proceedings, Rc.No. 221/C1 dated 16.9.2009 published in Newspapers on 24.9.2009 to acquire the land of the petitioner to an extent of Ac. 0.50 cents in S.No. 229/38/4B, at Rajupalem Village and Mandal, Guntur District, as illegal, arbitrary and set aside the same, consequently directing the respondents not to dispossess the petitioner from the said land and pass such other order or orders a this Hon’ble Court may deem fit and proper in the circumstances of the case.” It is stated that on 10.1.2008 a notification was issued for acquiring of vast extent of land in Rajupalem Village, for providing house sites to displaced persons of lands, which had been acquired for Pulichinthala Project. On 18.9.2009, the 4th respondent, vide letter Rc.No. 221/2009-C1 seems to have sent requisition for acquiring land in S.No. 229/38-4A, which includes the left over land, which is in possession of the petitioner i.e. 00.50 cents. It is also stated that on 24.9.2009 4(1) notification was published in the newspaper “Saakshi” for acquiring Ac. 0.90 cents in which the name of the petitioner and the extent of Ac.0.50 cents of land, which is in his possession also had been shown. No doubt in the para wise remarks placed before this Court by the Government Pleader for Land Acquisition, it is stated that the petitioner is not carrying out the cultivation because his age is 72 years and that he is belonging to forward caste and he is not eligible for any exemption from the existing executive instructions of the Government. This Court is not inclined to express any opinion about all these aspects since several factual controversies have been put-forth by the petitioner. In the light of the facts and circumstances of the case, let the competent authority look into the objections and grievances of the petitioner, while holding an enquiry under Section 5-A of the Act, and take an appropriate decision in this regard, in the light of the executive instructions given by the Government from time to time. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. ___________________ P.S. NARAYANA,J DATE: 24.11.2009. KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies