IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 15842 of 2008 Between: 1 Mulini Lakshmi W/o.Pothuraju Resident of Narendrapuram (V), Rajanagaram (M), East Godavari District. 2 Nakka Jogi S/o.Babu Rao Resident of Narendrapuram (V), Rajanagaram (M), East Godavari District. 3 Tangella Suseela W/o.late Rambabu Resident of Narendrapuram (V), Rajanagaram (M), East Godavari District. 4 Chintala Pothuraju S/o.Ch.Ramu Resident of Narendrapuram (V), Rajanagaram (M), East Godavari District. ..... PETITIONERS AND 1 State of A.P., rep. by its Principal Secretary for Revenue, Secretariat Buildings, Hyderabad. 2 District Collector, East Godavari District at Kakinada. 3 Revenue Divisional Officer, Rajahmundry, East Godavari District. 4 Tahsildar, Rajanagaram 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 of Mandamus, or any other appropriate writ, order or direction, declaring the action of respondents 2 to 4 in acquiring the land in Survey No.408/2B, 408/3B, 409/3A & 410 measuring Ac.6.00 cents situated at Narendrapuram (V), Rajanagaram (M), East Godavari District, for providing house sites to petitioners and other beneﬁciaries vide Notiﬁcation Ref.G3/2536/2008 dated 27.5.2008 published in the Hindu newspaper dt. 30.5.2008 instead of land situated in R.S.No.451, 452 & 453 to an extent of Ac.9.00 cents situated at Narendrapuram (V), Rajanagaram (M), East Godavari District, this land which was earlier proposed, also without considering the representation submitted by the Sarpanch, Narendrapuram village as illegal, null and void, arbitrary, violative of principles of natural justice and for a consequential order directing the respondent 2 to 4 to acquire the land in Survey No. 451, 452 & 453 to an extent of Ac.9.00 cents situated at Narendrapuram (V), Rajanagaram (M), East Godavari District, instead of the land under acquisition as per the notiﬁcation Ref.No.G3/2536/2008 dt. 27.5.2008, and pass such other order or orders. Counsel for the Petitioner: MR.CH.DHANAMJAYA Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 15842 of 2008 O R D E R: The petitioners herein, who claim to be beneﬁciaries, ﬁled this writ petition seeking a declaration that the action of the respondents 2 to 4 in acquiring the land in Sy.Nos.451, 452 and 453 at Narendrapuram village, Rajanagaram Mandal, East Godavari District for providing house sites to petitioners and other beneficiaries vide notification dated 27-05-2008 under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’) is arbitrary and illegal. It is contended by the petitioners that the land to an extent of Ac.9.00 cents situated at Narendrapuram village, Rajanagaram Mandal, East Godavari District is more suitable for providing house sites and therefore, the respondents ought to have acquired the said land instead of the land covered by the impugned notification. The petitioners also relied upon a resolution said to have been passed by Narendrapuram Gram Panchayat with regard to the suitability of the lands in question. Having heard the learned counsel for both parties, I do not ﬁnd any justiﬁable reason to issue a writ of Mandamus as prayed for. It is for the Government to take appropriate decision with regard to suitability of any land required for a public purpose. It is also relevant to note that pursuant to the notification dated 27-05-2008 the enquiry under Section 5-A of the Act is still pending and the declaration under Section 6 of the Act, which shall be conclusive evidence that the land is needed for public purpose, is not yet made. Hence, the writ petition being premature and misconceived is hereby dismissed. No costs. ______________ G. ROHINI,J Date: 23-07-2008 KLP