IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 22515 of 2008 Between: Punugoti Harish Kumar, S/o. Vidyasagar Rao, R/o. Kodimyala Village and Mandal, Karimnagar District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep by District Collector, Karimnagar. 2 Land Acquisition Officer-cum-Revenue Divisional Officer, Jagityal, Karimnagar District. .....RESPONDENTS 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 a writ order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents 1 and 2 in issuance of Section 4(1) Notification dated 24-7-2008 and Section 4(1) Notification dated 24-7-2008 and section 6 Draft Declartion dated 6-10-2008 regarding proposed acquisition of said extent of Ac. 7- 27 guntas in Sy.No. 848 of Kodimyala Village and Mandal, Karimnagar District belonging to the petitioner and his grand father as illegal, arbitrary and consequently direct the respondents to exempt the said land of Ac.7-27 guntas in Sy.No. 848 of Kodimyala Village and Mandal, Karimnagar District belonging to the petitioner from proposed acquisition and to pass such other order or orders as deem fit and proper in the interest of Justice. Counsel for the Petitioner: MR.K.ARVINDA RAO Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : THE HON’BLE MR. JUSTICE C.V.RAMULU W.P. No.22515 of 2008 ORDER: The Writ petitioner is the grand son of respondent No.3 (impleaded party). This Writ Petition is filed seeking to issue a writ, order, or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents 1 and 2 in issuing notification under Section 4(1) of the Act on 24-07-2008 and Draft Declaration under Section 6 of the Act on 06-10-2008 regarding proposed acquisition to an extent of Acs.7.27 guntas in Sy. No.848 of Kodimyala village and Mandal, Karimnagar District belong to the petitioner and his grand father, as illegal, arbitrary and consequently direct the respondents to exempt the said land. It appears the notification under Section 4 (1) of the Land Acquisition Act was issued on 24-07-2008 for acquiring an extent of Acs.7.27 guntas in Sy. No.848 of Kodimyala village and Mandal, Karimnagar District. According to the petitioner the land in question is an ancestral property of his great grand father and it is not the self- acquired property of his grand father, the respondent No.3 herein. Therefore, though the name of the third respondent is shown in the notification under Section 4 (1) of the Act and Draft Declaration under Section 6 of the Act, as he is only grandson, he is also entitled to the share in the property. In this regard he made representation before the Land Acquisition Officer, but the same was not taken into consideration. According to the learned Government Pleader for Land Acquisition the award is not yet passed. Under those circumstances, the writ petition itself is disposed of directing the L.A.O. to take into consideration the objections filed by the petitioner and the 3rd respondent and pass appropriate Award, as per law. However, if there is any serious dispute as to title, the matter may be referred to the competent civil Court under Section 30 of the Land Acquisition Act. With the above direction, the Writ Petition is disposed of. No order as to costs. _____________ C.V.RAMULU, J. Dt. 12-02-2009. Note: Issue C.C. in two days B/O SKMR