THE HONOURABLE SRI JUSTICE N.V. RAMANA W.P. No. 17202 of 2004 Oral order: Aggrieved by the action of the respondents in proposing to take possession of land of the petitioner in Sy. No. 613/4 instead of the land in Sy. No. 613/2 of Thokada village, Rajanagaram Mandal, East Godavari, as notified in Form-7 under Sections 9(3) and 10 of the Land Acquisition Act, 1894 (hereinafter referred to as ‘the Act’), the petitioner filed the present writ petition to declare such action of the respondents as illegal and arbitrary and consequently direct the respondents to drop all further proceedings including taking possession of land in Sy. No. 613/4 instead of the land in Sy. No. 613/2. The petitioner states that he is the owner of the land in Sy. Nos. 613/2 and 613/4. That initially the respondents issued notice in Form- 7 under Sections 9(3) and 10 of the Act for acquiring land in an extent of 0.43 cents out of 0.82 cents in Sy. No. 613/2 for public purpose and that he had expressed no objection to the acquiring of the same. However, instead of taking possession of the land in Sy. No. 613/2, the petitioner states that the respondents sought to take possession of the land in Sy. No. 613/4, and on enquiries, he came to know that they have changed the alignment at the instance of the local minister. Hence, questioning the action of the respondents in trying to take possession of the land other than the land that was notified and for the acquisition of which he had no objection, the petitioner filed the present writ petition. Respondent No.1 filed counter. The learned Assistant Government Pleader for Land Acquisition appearing on behalf of the respondents reiterating the counter averments stated that the Mandal Revenue Officer reported that as per the revenue records, Sy. No. 613 measures an extent of Acs. 4.70 cents, and it has been divided into Sy. Nos. 613/1 and 613/2 and an extent of Acs. 0.43 cents was recorded in the name of Smt. J. Nagamani, but on verification of the Adangal, it was found that Sy. No. 613 was divided into four sub-divisions, and the land of the petitioner which was proposed to be acquired, falls in Sy. No. 613/4 and as per the Adangal, the land in Sy. Nos. 613/2 and 613/4, is owned by the petitioner. She contended that by mistake the sub-division was wrongly mentioned. Upon realizing the mistake, they issued errata to the draft notification and draft declaration for taking possession of the land in Sy. No. 613/4 instead of the land in Sy. No. 613/2. In view of issuance of errata by the respondents, and as the respondents have already taken possession of the land in Sy. No. 613/4, the learned counsel for the petitioner submitted that liberty be given to the petitioner to move the respondents for claiming compensation in respect of the acquired land. Granting liberty to the petitioner to move the respondents to claim compensation for the acquired land, the writ petition is disposed of. No costs. ________________ N.V.RAMANA, J Dated: 18th March, 2010 KSR