IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 5060 of 2007 Between: Veeravalli Bhadrachalam S/o.V.Sree Ramulu R/o.Vendra Agraharam, Palacoderu Mandal, West Godavari District, AP ..... PETITIONER AND 1 The District Collector, West Godavari District at Eluru 2 The Land Acquisition Officer & Revenue Divisional officer Narsapur, West Godavari District 3 The Mandal Revenue Officer, Palacoderu Mandal, West Godavari District .....RESPONDENTS Counsel for the Petitioner: None Counsel for the Respondent No.: AGP FOR LAND ACQUISITION The Court made the following : ORDER: This Writ Petition is filed for a Writ of Mandamus to set aside the proceedings initiated under the provisions of the Land Acquisition Act, 1894 (for short “the Act”) by respondent No.2, by which certain lands of the petitioner are proposed to be acquired. At the hearing, none appeared for the petitioner. Heard the learned Assistant Government Pleader for Land Acquisition. The main grievance of the petitioner is that he was not given proper opportunity of hearing and the order, by which the petitioner’s objections were rejected, were not communicated to him. In the counter-affidavit filed by the Land Acquisition Officer, Respondent No.2 herein, it is categorically averred as under: “Therefore, Notice U/s.5(A) of the L.A. Act were issued to the petitioner on 06-06-2006 calling for his objections and asking him to attend 5A enquiry on 26-6-2006. The petitioner has attended the 5A enquiry on 26-6-2006. The petitioner has attended the 5A enquiry on 26-6-2006 and filed his objections stating that he is a small farmer and his lands cannot be acquired. The objections filed by the petitioner have been enquired into and it is found that he is not a small farmer and hence after considering his objections, the same have been rejected by way of an Endorsement dt.3-9-2006. The said Endorsement was communicated to the petitioner through Post to his Bhimavaram address, as the petitioner is not residing at Vendra Agraharam Village, where the lands are situated. Thereupon the Revenue Divisional Officer, Narsapur has submitted proposals of Draft Declaration U/s.6 of the L.A. Act to the district Collector on 6-9- 2006. The District Collector has approved the said Draft Declaration on 8-9-2006 and published in the District Gazette, Newspapers and locality as required under L.A. Act as follows: Sl.No. Mode of Publication Date of Publication of Draft Declaration 01. West Godavari District Gazette 15-9-2006 02. Hindu daily newspaper 07-10-2006 03. Eluru Times daily newspaper 20-09-2006 04 Substance in the locality 20-9-2006 Notices under Section 9(1) and 10 of the L.A. Act have been issued by the Land Acquisition Officer on 9-9-2006 and published in the Village Panchayat of Vendra Agraharam, Mandal Revenue Office and Mandal Parishad Development Office, Palacoderu and Sub-Registrar Office, Bhimavaram. Notice U/s.9(3) and 10 of the Land Acquisition Act have been issued and served on the petitioner on the same day i.e., on 9-9-2006, as he was available in the village on that date. The petitioner was asked to attend the Award Enquiry on 26-9-2006. Though the petitioner has received Notice U/s.9(3) and 10 of the Land Acquisition Act, he has not attended the Award Enquiry and has not produced any documentary evidence before the Land Acquisition Officer establishing his title to the land proposed for acquisition. After passing Award, Notice U/s.12(2) of the Land Acquisition Act on 23-10-2006 requesting the petitioner receive compensation. The said notice was sent to his residence at Bhimavaram through the concerned Village Servant. But the petitioner has refused to receive the same. Therefore the said Notice was affixed at the land proposed for acquisition as a token of service of 12(2) Notice. As the petitioner has not received the Award amount, the same was kept in ‘Revenue deposits’. Thereafter the Mandal Revenue Officer, Palacoderu has taken possession of the land in question under a cover of Panchanama on 30-10-2006 and the same was handed over the Panchayat Secretary for safe custody. Thereupon the pattas were handed over to the beneficiaries and house site pattas were also issued on 9-11-2006 itself. The beneficiaries have also got leveled the plots after peg marking by the Mandal Surveyor”. In view of the above reproduced averments contained in the counter-affidavit, the plea of the petitioner that proper procedure was not followed deserves to be rejected. More over, the land was already assigned to the beneficiaries and possession was given to them. In view of the third party interest coming in and in their absence no relief can be granted to the petitioner. The Writ Petition is, therefore, dismissed. As a sequel to dismissal of the Writ Petition, WPMP No.6471 of 2007 is also dismissed. ------------------------------------- C.V.NAGARJUNA REDDY,J 25-2-2008 MNR