IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 13680 of 2008 Between: 1 Madineni Seshaiah, S/o. China Kondaiah, R/o. Brahmnapalli (V), Lingasamudram Mandal, Prakasam District. 2 Basam Basavaiah, S/o. Bagaraiah, R/o. Anneboinapalli Village, 3 Somepalli Malakondaiah, S/o. Peda Seshaiah, R/o. Brahmnapalli (V), Lingasamudram Mandal, Prakasam District. 4 Madineni Sarojanamma, W/o. Seshaiah, R/o. Brahmnapalli (V), Lingasamudram Mandal, Prakasam District. ..... PETITIONERS AND 1 State of Andhra Pradesh, Rep by its Principal Secretary to Revenue, Land Acquisition Department, Secretariat, Saifabad, Hyderabad. 2 District Collector, Prakasam District at Ongole. 3 Land Acquisition Officer-cum-Revenue Divisional Officer, Kandukur, Prakasam District. 4 Tahsildar, Lingasamudram Mandal, Prakasam 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 in insisting the Petitioners to vacate from their landed property of Ac.0.10 cents out of Ac.1.75 cents in Survey Number 135/1 of Brahmanaplli village without following due process of law by acquiring the same under the provisions of the Land Acquisition Act as illegal, irregular, without jurisdiction, arbitrary, violative of Articles 14, 21 and 300A of Constitution of India and consequently direct the Respondents not to dispossess the Petitioners from their site and pass Counsel for Petitioner: MR.NIMMAGADDA SATYANARAYANA Counsel for Respondents: GP FOR LAND ACQUISITION The Court made the following : ORAL ORDER: This Writ Petition is filed seeking a declaration that the alleged action of the respondents in seeking to evict the petitioners from the small extents of their land situated in S.No.135/1 of Brahmnapalli Village, Lingasamudram Mandal, Prakasam District, without following the due process of law as arbitrary and illegal. Having heard the learned counsel for the petitioners as well as the learned Government Pleader for Land Acquisition and having regard to the specific plea of the petitioners that no steps have been taken under any statute for acquisition of the land in question, the Writ Petition is disposed of at the admission stage with a direction to the respondents not to interfere with the possession of the petitioners in respect of the land in question without following due process of law. ____________ (G. Rohini, J.) 27th June, 2008 Note: Operative portion by wire. (B/o) Js. ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Principal Secretary to Revenue, State of Andhra Pradesh, Land Acquisition Department, Secretariat, Saifabad, Hyderabad. 2 District Collector, Prakasam District at Ongole. 3 Land Acquisition Officer-cum-Revenue Divisional Officer, Kandukur, Prakasam District. 4 Tahsildar, Lingasamudram Mandal, Prakasam District. 5 2 CCs to G.P. for Land Acquisition, High Court of A.P. Hyderabad.(OUT) 5 2 CD copies.