IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 9536 of 2008 Between: 1 Kamaraj @ Samraj S/o.Ayyakannu R/o.Aroor Village, Satyavedu Mandal, Chittoor District. 2 Rajagopal S/o.Ayyakannu R/o.Aroor Village, Satyavedu Mandal, Chittoor District. ..... PETITIONER(S) AND 1 The Revenue Divisional Officer-cum-Land Acquisition Officer, Tirupathi, Chittoor District. 2 The District Collector, Chittoor, Chittoor District. 3 The Tahsildar, Satyavedu Revenue Mandal, Chittoor District. .....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 issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in interfering with the petitioners' peaceful possession and enjoyment of the lands admeasuring Ac. 1-52 cents in Sy.No.264/1, Ac.1- 52 cents in Sy.No.265/3 of Aroor Village, Satyavedu Mandal, Chittoor District, without inclusion in the notifications under Section 4(1) of the Land Acquisition Act, 1984, as wholly arbitrary, illegal, unjust, violative of principles of natural justice, mala fide and violative Article 300-A of the Constitution of India and consequently the respondents be directed not to interfere or dispossess the petitioners from the lands admeasuring Ac. 1- 52 cents in Sy.No.264/1, Ac.1-52 cents in Sy.No.265/3 of Aroor Village, Satyavedu Mandal. Counsel for the Petitioner: MR.S.V.MUNI REDDY Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : Form-NIC-OGS/WP{KURR} O R D E R:- This writ petition is filed seeking a mandamus to declare the action of the respondents in interfering with the peaceful possession and enjoyment of the petitioner’s lands admeasuring Ac.1.52 cents in S.No.264/1 and Ac.1.52 cents in S.No.265/3 situated in Aroor village though the lands in question are not included in the Notifications issued under Section 4(1) of the Land Acquisition Act, 1894 (for brevity “the Act”), as arbitrary and illegal. The petitioners assert that they are the absolute owners and possessors of the lands of an extent of Ac.1.52 cents in S.No.264/1 and Ac.1.52 cents in S.No.265/3 situated in Aroor village, Satyavedu Mandal, Chittoor District by virtue of a registered sale deed dated 20.10.1987 and they constructed a small residential house therein and have been in peaceful possession and enjoyment of it. While so, the 2nd respondent issued a Notification under Section 4(1) of the Act proposing to acquire the lands in question. Later, a draft Notification was also issued for the purpose of formation of Special Economic Zone by the Andhra Pradesh Infrastructure Corporation, but the petitioners’ lands have been neither declared for acquisition nor shown in any of the Notifications published under Section 4(1) of the Act. Now, the petitioner’s grievance is that by virtue of the Notifications, the respondents are taking hectic steps to dispossess the petitioners from their lands. Heard the learned counsel for both the parties and perused the material placed on record. If it is a fact that the lands in question are not covered under any of the Notifications issued under Section 4(1) of the Act, the respondents are directed not to dispossess the petitioners from their lands, and in case, the 1st and 2nd respondents require those lands for any purpose, they may acquire them only after initiating proceedings as contemplated under the relevant provisions of the Land Acquisition Act. With the above direction, this writ petition is disposed of at the admission stage. No costs. ______________ 29.04.2008 Note: Issue operative portion by wire at party’s cost B/o bcj