IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 10540 of 2008 Between: Pinniboina Yedukondalu S/o.Pinniboina Venkateswarlu R/o.Palavarthivari Veedhi, Perala, Cheerala Mandal, Prakasam District. ..... PETITIONER AND 1 The District Collector, Guntur District, Guntur. 2 Revenue Divisional Officer, Tenali, Guntur District. 3 The Mandal Revenue Officer, Bapatla Mandal, Guntur District. .....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 issue any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents to acquire petitioners lands extent thereof Ac.4-05 cents, situated Adavi Panchayat, Bapatla Mandal, Guntur District in Sy.No.275/5A without following due process and without issuing any notice under Section 4 (1) of Land Acquisition or without giving any opportunity to submit objections is illegal, arbitrary and unconstitutional and consequently direct the respondents to drop all further steps for acquisition of the petitioner's land Ac.4- 05 cents, situated Adavi Panchayat, Bapatla Mandal, Guntur District in Sy.No.275/5A. Counsel for the Petitioner:MR.RAVI KUMAR MOTURI Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : O R D E R:- This writ petition is filed seeking a mandamus to declare the action of the respondents in trying to acquire the petitioner’s land of an extent of Ac.4.05 cents in S.No.275/5A situated in Adavi Panchayat without initiating land acquisition proceedings, as arbitrary and illegal. The petitioner asserts that he purchased an extent of agricultural land of Ac.5.38 cents in S.No.275/5A situated in Adavi Panchayat, Bapatla Mandal, Guntur District from one Gavini Rattamma, her sons and daughters, by virtue of a registered sale deed dated 25.3.1998 and since then he has been in peaceful possession and enjoyment of it. However, the 3rd respondent-Mandal Revenue Officer, orally informed him that the land of an extent of Ac.4.05 cents would be acquired for the purpose of providing houses to weaker sections. Now, the petitioner’s grievance is that the respondents, without initiating land acquisition proceedings, are demarcating the land in question and are trying to dispossess him from it. Having heard the learned counsel for both the parties and perused the material placed on record, this Court, without expressing any opinion on the merits of the case, deems it appropriate to direct the respondents to follow due process under law before evicting the petitioner from the land in question. With the above direction, this writ petition is disposed of at the admission stage. No costs. _______________ 02.05.2008 bcj