IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY THURSDAY, THE THIRTY FIRST DAY OF JANUARY, TWO THOUSAND EIGHT ONLY WRIT PETITION No.1150 of 2008 Between: Yerneni Bhanu Prasad and four others.. … Petitioners AND The Government of Andhra Pradesh, reptd., by its Principal Secretary, Revenue Department, Land Acquisition, Secretariat, Hyderabad and two others. … Respondents Counsel for the petitioners: Sri V.Durga Nageswara Rao. Counsel for the respondents: Asst. Government Pleader for Land Acquisition. THE HON’BLE MR.JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.1150 of 2008 ORDER:- This Writ Petition is filed for a Writ of Mandamus to direct the respondents to initiate proceedings under the Land Acquisition Act, 1894 (for short “the Act”) for determination of compensation in respect of Ac.7-59 cents (wrongly mentioned as Guntas) of land belonging to the petitioners, comprised in Survey Nos.21/4 and 22/6A of Ramavarapupadu village, Vijayawada Rural, Krishna District. The petitioners, in their affidavit, averred that they are the owners of different parcels of land as indicated in the affidavit; that on 21-1-2008 the officials of the respondents entered their land and took measurements; and that when the petitioners questioned them about their said acts, they were informed that the said land is being acquired under Indiramma Gruha Nirmana Scheme. The grievance of the petitioners is that the respondents are seeking to dispossess them without initiating proceedings under the provisions of the Act. Heard Sri Durga Nageswara Rao, learned counsel for the petitioners and the learned Assistant Government Pleader for Land Acquisition. Though the petitioners claim that the respondents are seeking to use their land for the purpose of providing house sites under Indiramma Gruha Nirmana Scheme, they have not produced any material in support of the same. In a society governed by Rule of Law, it is not permissible for the State and it’s subordinates to deny a citizen of his property right without acquiring the same by following the provisions of law. As the petitioners failed to substantiate their allegation, except making a statement in their affidavit that the respondent-authorities came to their land on 21-1-2008 without mentioning their names and giving details, I am not inclined to entertain this Writ Petition. The Writ Petition is, therefore, dismissed. However, it is made clear that if the respondents intend to utilize the lands of the petitioners, they cannot do so without following due process of law. ----------------------------- ------- C.V.NAGARJUNA REDDY,J 31-1-2008 MNR