IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 8534 of 2008 Between: 1 Putta Veerraju, S/o. Late Venkata Rama Rao, R/o. Chelluru, Rayavaram Mandal, East Godavari District. 2 Putta Rama Krishna, S/o. Late Venkata Rama Rao, R/o. Chelluru, Rayavaram Mandal, East Godavari District. 3 Mallipudi Veeraveni, W/o. late Bapi Raju, R/o. Flat No.S2, Prashanti Apartments, Sri Ram Nagar, Kakinada, East Godavari District. 4 Yarlagada Sri Jyothi, W/o. Suresh Babu, R/o.D.No.7-5A-2, Gopalakrishna Street, Ramaraopet, Kakinada, East Godavari District. ..... PETITIONERS AND 1 The Land Acquisition Officer-Cum- District Collector, East Godavari District, Kakinada. 2 The Land Acquisition Officer-cum- Revenue Divisional Officer, Kakinada, 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, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in issuing 4(1) Notification Ref.No.G2/1262/2008, dated 14.03.2008 for acquisition of Ac.4-62 cents in Sy.No.16/1 of Penumarthi village, Kakinada Rural Mandal, East Godavari District, without showing the petitioners names in the Notification and without following the procedure under Land Acquisition Act to the extent of the petitioners land Ac.1.98 cents out of Ac.4.62 cents in Sy.No.16/1 of Penumarthi Village, Kakinada Rural Mandal, East Godavari District, is illegal and void and opposed to Articles 14,19,21 and 300 A of Constitution of India and consequently to direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioners lands to an extent of Ac.1.98 cents of the land in Sy.No.16/1 of Penumarthi Village, Kakinada Rural Mandal, East Godavari District without due process of law and pass such other appropriate orders. Counsel for the Petitioners: MR.MUMMANENI SRINIVASA RAO Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following : THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No. 8534 of 2008 ORDER: According to the petitioners, they purchased an extent of Ac.1.00 cents in the year 2005 and Ac.0.72 cents plus Ac.0.26 cents in the year 2007 and thus they become the absolute owners of the land. The Government required an extent of Ac.12.00 cents for the purpose of providing house sites to the weaker sections and in that context, a notification under Sec.4(1) of the Land Acquisition Act was published on 14-03-2008. The Revenue Divisional Officer was authorized to discharge the duties of the Collector. Though the petitioners are the absolute owners and when they approached the Revenue Divisional Officer and filed objections, the Revenue Divisional Officer refused to receive the said objections stating that the petitioners are not the owners and their names are not shown in 4(1) notification and hence, they approached this Court and filed the present writ petition. 2. Heard the learned counsel for the petitioners. 3. No document is filed establishing the fact that the petitioners are the owners and they purchased the land in question in the years 2005 and 2007. But, however, as it is the case of the petitioners that they are the absolute owners, they may approach the Revenue Divisional Officer to establish their title and file their objections within a period of two weeks from the date of receipt of a copy of this order and on such objections being filed, the Revenue Divisional Officer is hereby directed to consider the same and pass appropriate orders in accordance with law. 4. Accordingly, this writ petition is disposed of. No order as to costs. _____________________________ GOPALA KRISHNA TAMADA, J Dt: 18-04-2008 Note: Issue Copy within two days. B/O Rns. To 1. The Land Acquisition Officer-Cum- District Collector, East Godavari District, Kakinada. 2. The Land Acquisition Officer-cum- Revenue Divisional Officer, Kakinada, East Godavari District. 3. Two CCs. 4. Two CD copies.