THE HON’BLE MS. JUSTICE G. ROHINI WRIT PETITION No. 27066 of 2008 DATED: 12.12.2008 Between: P. Lakshmi ……Petitioner AND 1. The District Collector, Krishna District, Chilakalapudi, Machilipatnam, Krishna District and others ….Respondents THE HON’BLE MS. JUSTICE G. ROHINI WRIT PETITION No.27066 of 2008 ORDER: This writ petition is filed seeking a writ of Mandamus declaring the notification dated 24.11.2008, published under Section 4 (1) of the Land Acquisition Act, 1894 (for short ‘the Act’) acquiring the land belonging to the petitioner to an extent of Ac.0.62 Cents in R.S.No.67/1 and Ac.0.13 Cents in R.S.No.74/10 of Madduru Revenue Village, Kankipadu Mandal, Krishna District, for the purpose of providing house sites to the weaker sections, as arbitrary and illegal. It is contended by the petitioner that he is a small farmer and that the land in question is an agricultural land and, therefore, the proposed acquisition for providing house sites to the members of the weaker sections under Indiramma Scheme is arbitrary and illegal apart from being contrary to the guidelines issued by the Government. A perusal of the impugned notification shows that urgency clause under Section 17 (4) of the Act has not been invoked and the enquiry under Section 5-A of the Act would be conducted in accordance with law. The learned Government Pleader for Land Acquisition, under instructions, stated that the objections raised by all the interested persons would be considered and appropriate orders would be passed in accordance with law before taking any further steps pursuant to the impugned notification. In the circumstances, the apprehension of the petitioner that he would be dispossessed from the land in question without considering his objections is without any basis. Accordingly, the statement of the learned Government Pleader is placed on record and the writ petition is disposed of with a direction to the respondents not to dispossess the petitioner from the land in question without considering his objections against the acquisition of his lands under the impugned notification and without following due process of law. No costs. -------------------------- 12th December, 2008 bud THE HON’BLE MS. JUSTICE G. ROHINI WRIT PETITION No.27066 of 2008 DATED:12.12.2008