IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION No.10864 of 2006 Between: Mudunri Ramakondaraju, S/o Subbaraju, R/o Velivarru (V) Undi Mandal, W.G.District. ..... PETITIONER AND 1 District Collector, West Godavari at Eluru. 2 Revenue Divisional officer, Narsapur, W.G.District. 3 Mandal Revenue Officer, Undi, W.G.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 Writ of Mandamus, declaring the proposed action of the respondents in acquiring the patta lands of the petitioner situated in R.S.No.48, 52 and 53 of Veliverru village, Undi Mandal, W.G.District along with the 100 trees patta land situated in poramboke land adjacent to the patta land of the petitioner, as illegal, arbitrary and violative of principles of natural justice and also violative of Art. 300-A of Constitution of India and for a consequential order directing the respondents not to dispossess the petitioner from his lawful possession and enjoyment of the above said lands. Counsel for the Petitioner: MR.CHALLA DHANAMJAYA Counsel for the Respondents: GP FOR REVENUE The Court made the following: THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.10864 of 2006 ORDER: Petitioner, who is resident of Velivarru village of Undi Mandal in West Godavari District, claims to be owner of unspeciﬁed extent of land in R.S.Nos.48, 52 and 53 of the said village. He ﬁled writ petition alleging that in connection with visit of Hon’ble Chief Minister, Revenue oﬃcials started taking measurements with a view to acquire the land for Integrated Novel Development In Rural and Model Municipal Areas programme. Apprehending that he would be dispossessed de hors under the provisions of Land Acquisition Act, 1905 (the Act, for brevity), present writ petition is filed. Except ﬁling a typed copy of land cist receipt dated 12.12.2004, petitioner has not placed any material in support of his claim that he is owner of land in R.S.Nos.48, 52 and 53 along with 100 trees. As the land revenue has been abolished in Andhra Pradesh during 1983-1984, the receipt cannot be given credence to. Therefore, this Court is not able to come to conclusion as to ownership of petitioner. However, if petitioner is owner of land and he is still in possession, it is needless to observe that his land cannot be acquired without due process under the Act. The writ petition, with the above observations, is accordingly dismissed. No costs. ______________ (V.V.S.RAO,J) November 17, 2008 YS To 1 District Collector, West Godavari at Eluru. 2 Revenue Divisional officer, Narsapur, W.G.District. 3 Mandal Revenue Officer, Undi, W.G.District. 4 Two CCs to Government Pleader for Revenue, High Court Buildings, Hyderabad (OUT). 5 Two CD copies.