IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIRST DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 21358 of 2008 Between: Pathuri Veera Venkata Tata Rao, S/o. Satyanarayana, Achannapalem (V), Nallajerla (M), West Godavari District. ..... PETITIONER AND 1 State of Andhra Pradesh, Rep by its Principal Secretary to Revenue (Land Acquisition) Department, Secretariat, Saifabad, Hyderabad. 2 District Collector, West Godavari District at Eluru 3 The Revenue Divisional Officer-cum-Land Acquisitiner Officer, Eluru, West Godavari District. 4 The Tahsildar, Nallajerla Mandal, West Godavari 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 to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the notification issued under Section 4(1) of the Land Acquisition Act and declaration under section 6 of the same act in Roc No. 108/6 (DMRO) dt. 27-2-2000 issued by the respondetns 2 to 4 thereby proposing acquire the petitioner land of Ac. 1.00 cents out of Ac. 3.41cents covered by Survey No. 236/2B1 of Cheepurugudem Village of Nallajerla Mandal for providing house sites to Weaker sections people without notice and without following due process of law as illegal, irregular, arbitrary, without jurisdiction, violative of the provisions of Land Acquisition Act, 1894 and offends Articles 14, 21 and 300A of Constitution of India and consequently direct the respondents not to dispossess the petitioner from the land and pass Counsel for the Petitioner:MR.NIMMAGADDA SATYANARAYANA Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.21358 OF 2008 ORDER: The petitioner seeks to have the notification issued under Section 4 (1) of the Land Acquisition Act, and the Section 6 declaration, issued vide proceedings dated 27.02.2007, proposing to acquire the petitioner’s land of 1 acre out of the total extent of Ac.3.41 cents in Survey No.236/2B1 of Cheepurugudem village, Nallajerla Mandal, for providing house sites to weaker sections, declared as arbitrary and illegal. It is wholly unnecessary for this Court to adjudicate the contentions, urged on behalf of the petitioner, on merits, since the 2nd respondent, in his counter affidavit dated 14.10.2008, admits to lapses on the part of his subordinates and states that no land acquisition proceedings were initiated to acquire the petitioner’s land and that the notice issued by the 4th respondent was without his approval. Since it is now evident that the petitioner’s land is not being acquired and that, no proceedings have been initiated for acquisition of his lands, no further orders need be passed in the Writ Petition. Suffice to record the averment, made in the counter-affidavit of the 2nd respondent, that the respondents do not propose to acquire the petitioner’s land. The Writ Petition stands disposed of accordingly. No costs. _____________ 21..11..2008 GS