IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH: HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT: THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.17532 OF 2009 BETWEEN: Kata Butchaiah S/o. Venkateswarlu …. Petitioner AND The District Collector, Guntur District, Guntur and another. …. Respondents THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.17532 OF 2009 ORDER: This Writ Petition is filed by the petitioner seeking a Writ of Mandamus to declare the proceedings dated 04-08-2009 issued by respondent No.1 in under Section 4(1) of the Land Acquisition Act, 1894 (for short “the Act”) as illegal and arbitrary and consequently set aside the same. 2. The contention of the petitioner is that respondent No.1 has issued notification dated 04-08-2009 under Section 4(1) of the Act giving authorization to respondent No.2 to acquire an extent of Ac.1.50 cents of his land, which is covered under the acquisition of Indiramma Housing Programme Phase-III, Guntur Division, Medikonduru Mandal for the purpose of providing house sites to the beneficiaries under Indiramma Housing Programme. His further contention is that he filed objections stating that his land is agricultural land and he has no other agricultural land; that there are another Government lands available for the purpose, for which the present notification has been issued; that without considering his objections, respondent No.1 has issued the impugned notification. 3. On the other hand, learned Government Pleader for Land Acquisition contended that the enquiry under Section 5(A) of the Act is yet to be commenced in pursuance of the issuance of notification under Section 4(1) of the Act, and that the petitioner has filed the present writ petition prematurely and that there are no grounds to set aside the notification as illegal and arbitrary. Hence, he prayed to dismiss the writ petition. 4. It is well settled that notification issued under Section 4(1) of the Act normally cannot be quashed unless there are exceptional circumstances, like the one where the notification under Section 4(1) of the Act suffers from incurable irregularity, such as, total vagueness in regard to the property to be acquired and in regard to the public purpose. It is not a case of total vagueness in the property or that the public purpose is not involved. 5. The main contention of the petitioner is that an extent of Ac.1.50 cents of his agricultural land is being under acquisition by virtue of the impugned notification and that there are certain government lands available near to the acquisition land and those land can be utilized for the benefit of providing house sites to the weaker sections of the society. 6. The said aspect has to be dealt with in an enquiry to be conducted by the Land Acquisition Officer under Section 5(A) of the Act. Liberty is given to the petitioner to raise all his objections before the Land Acquisition Officer, at the stage of enquiry and the same shall have to be considered by the Land Acquisition Officer in accordance with law. 7. The Writ Petition is, accordingly, disposed of. There shall be no order as to costs. _____________ September 23, 2009. K.C. BHANU, J KTL