IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINETH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 24263 of 2007 Between: Yekkala Veera Satyanarayana, S/o. Veeranna, R/o. Bandaru Lanka, Amalapuram, East Godavari District. ..... PETITIONER AND 1 Government of Andhra Pradesh, Rep. by its Revenue Secretary, secretariat Buildings, Hyderabad. 2 The District Collector, East Godavari District. 3 The Gram Panchayat, Rep. byits Sarpanch, Bandaru Lanka Grama Panchayat, Bandaru Lanka, Amalapuram, East Godavari District. 4 The Superintending Engineer, Panchayat Raj Engineering Department, R.W.S. Project, Circle - Kakinada. .....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 an appropriate Writ, order or direction preferably a Writ in the anture of a Mandamu declaring the action of the 3rd respondent in resolving the acquire the Petitioner's land and other cultivators land under resolutin No.17 dated 3-11-2006 despite the fact of availability of government land in Sy.No. 170 admeasuring 1 acre 81 cents and in Revenue Sy.No. 191.6 acres and 1 guntas which are located next to the land of the Petitioenr and recommending the 2nd petitioner to acquire the same and in trying to dispossess the Petitioner by dispensing with the rpocedure contemplated under the Land Acquisition Act in respectof wet agricultural lands admeasuring 0.07 cents in Sy.NO. 170/1 and 2 acres 80 cents in Sy.No. 170/2 and 32 cents in Sy.No. 221/20, situate at Bandaru Lanka Village, Amalapuram, East Godavari District, on the pretext of non availability of government land as illegal, arbitrary , as colourable exercise of power in flagrant violation and contrary to the principles of land acquisition Act and set aside the same, consequently directing the respondents not to disposses the petitioner in respect of his agricultural land admeasuring 0.07cents in Sy.No. 170/1 and 2 acres 80 cents in Sy.No. 170/2 and 32 cents in Sy.No. 221/20 situate at Bandaru Lanka Village, Amalapuram, East Godavari District and pass such toher order or orders as this HOn'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.D.HANUMANTHA RAO Counsel for the Respondent Nos.1 and 2.: GP FOR REVENUE Counsel for the Respondent Nos.3: Mr.M.Prabhakar Rao Counsel for the Respondent No.4: G.P. for Panchayat Raj and Rural Development The Court made the following : O R D E R: It is stated that the subject matter of the writ petition is squarely covered by the order of this Court in W.P.Nos.9335 and 12452 of 2007, dated 07.09.2007. Following the aforesaid judgment passed by this Court, the writ petition is disposed of directing the respondents not to dispossess the petitioner without following due process of law and it is always open for the respondents to acquire the lands in accordance with law for construction of water tank. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:29.02.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{SPJS}