IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 8521 of 2008 Between: Punyamanthula Gadamma W/o Anjaneyulu, R/o G.Vemavaram Village, Tallarevu Mandal, East Godavari District, A.P. ..... PETITIONER AND 1 Land Acquisition Officer-cum-District Collector, East Godavari District, Kakinada, 2 Land Acquisition Officer-cum-Revenue Divisional Officer, East Godavari District, Kakinada, 3 The Tahasildar, Tallarevu Mandal, East Godavari 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 Mandamus declaring the action of the respondents in acquiring the land to an extent of ac. 0-50 cts in Survey No. 22/3 of G- Vemavaram Village, Tallarevu Mandal, East Godavari District, with out fallowing procedure prescribed under Land Acquisition Act is illegal, arbitrary and against the principles of natural justice and in violation of Article 300-A of Constitution of India and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the Land in question of the petitioner herein with out due process of law and pass such other order or orders. Counsel for the Petitioner: MR.V.SAI KUMAR Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following : THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No. 8521 of 2008 ORDER: According to the petitioner, he is a petty farmer and is in peaceful possession of an extent of Ac.0-50 cents in Sy.No.22/3 of G-Vemavaram village, Tallarevu Mandal, East Godavari District and that the said property is his self acquired property. The grievance of the petitioner is that though the Government land is very much available in Sy.No. 103 in an extent of Ac.3-77 cents, the authorities are trying to acquire his land only for the purpose of allotment of house sites to the weaker sections and are threatening him to vacate the premises. Hence, he approached this court and filed the present writ petition. 2. Heard the learned counsel for the petitioner and the learned Government Pleader for Land Acquisition. 3. No document is filed establishing the fact that the petitioner is the absolute owner of the land in question. However, as the petitioner had come forward saying that the respondents are trying to dispossess him from out of the land in question without following due process of law as provided under the Land Acquisition Act, the authorities are directed to initiate land acquisition proceedings, and if ultimately it is established that the land belongs to the petitioner, the authorities may consider the objections of the petitioner and pass appropriate orders in accordance with law. 4. Accordingly, this writ petition is disposed of at the stage of admission. No order as to costs. _____________________________ GOPALA KRISHNA TAMADA, J Dt: 18-04-2008 Rns. To 1. Land Acquisition Officer-cum-District Collector, East Godavari District, Kakinada, 2. Land Acquisition Officer-cum-Revenue Divisional Officer, East Godavari District, Kakinada, 3. The Tahasildar, Tallarevu Mandal, East Godavari District. 4. Two CCs. 5. Two CD copies.