IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE ELEVENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 7996 of 2008 Between: 1. C. Narayan S/o Sri Chennappa Naidu, aged about 52 years, R/o 1-1-750/3/1, Gandhinagar, Hyderabad. 2. M/s. Ashwini Engineering, A Firm Registered with SSI and NSIC, having its work shop at RCI Main road, Balapur, Hyderabad rep by C. Narayan ..... PETITIONERS AND 1. The Government of Andhra Pradesh represented by its secretary, Land Acquisition (Industries) Department, Secretariat Buildings, Hyderabad. 2. The Special Deputy collector, Land Acquisition (Industries) Hyderabad. 3 The District Collector, Ranga Reddy district. 4 The Defence Estate Officer, A.P. Circle, Secunderabad. 5 The Director, Research Centre Imarat (RCI), Hyderabad. .....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 by declaring the impugned action of the respondents in proposing to demolish the property situated in Plot Nos. 2 & 8, in Sy. No. 23, admeasuring 667 sq. yds, situated at Balapur Village and Gram panchayat, Saroornagar Mandal, Ranga Reddy district, pursuant to the acquisition, without causing notice or giving reasonable time, is illegal, arbitrary, vioaltive of Principles of natural justice, besides vioaltive of Articles 14, 19 (1) (g) and contrary to the land Acquisition Act and Rules made thereunder and consequently direct the respondents to follow the due procedure contemplated under Land Acquisition Act and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioners: MR.PARSA ANANTH NAGESWAR RAO Counsel for the Respondent No.1 to 3: GP FOR LAND ACQUISITION Counsel for the Respondent Nos.4 & 5: Sri A.Rajasekhara Reddy, Asst. Solicitor General to Central Government. The Court made the following : W.P.No.7996 of 2008 ORDER: This writ petition is filed seeking a Writ of Mandamus declaring the impugned action of the respondents in proposing to demolish the property situated in plot Nos.2 & 8, in Sy.No.23 admeasuring 667 square yards situated at Balapur village and Gram Panchyayat, Saroornagar Mandal, Ranga Reddy District without issuing any notice or giving reasonable opportunity and the proposed action of the respondents is contrary to the Land Acquisition Act and Rules made threunder and consequently direct the respondents to follow the due procedure contemplated under Land Acquisition Act. Heard both sides. When the mater was taken up for hearing, learned Counsel for the petitioners fairly conceded that the petitioners are ready to vacate the premises in question if two months time is granted to them, which was opposed by the learned Assistant Solicitor General appearing on behalf of respondents 4 and 5. The land in question is required for the purpose of laying of road and in fact, the petitioners are in possession of the land in question since September, 2007. Further, the petitioners gave a representation on 26.03.2008 to the 5th respondent requesting him to give two months’ time to vacate the premises in question. That representation has not been disposed of by the respondents. Therefore, it seems there is no urgency in taking up the land for laying of the road. Under the aforesaid facts and circumstances of the case, the petitioners are hereby granted time to vacate the premises in question and hand over the possession to the respondents on or before 25th day of May, 2008. The writ petition is accordingly disposed of at the stage of admission. No costs. ____________________________ (GOPALA KRISHNA TAMADA, J) 11-04-2008 Note: Operative portion of the Order already sent. (Bo) Gsn.