IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 8769 of 2005 Between: D. Venkata Swamy, S/o. Nagaiah, R/o. Kothapet Village, Mahaboobnagar District. ..... PETITIONER AND 1 The District Collector, Mahaboobnagar. 2 The Executive Engineer, I.B. Division, Nagarkurnool, Mahaboobnagar District. .....RESPONDENTS Counsel for the Petitioner:MR.V.MANOHAR RAO Counsel for the Respondents :AGP FOR LAND ACQUISITION The Court made the following : ORDER: At the interlocutory stage, the writ petition itself is taken up for hearing and disposal with the consent of the learned counsel for both sides. This writ petition is filed for a writ of mandamus to declare the action of the respondents in trying to take possession of the petitioner’s land admeasuring Ac.2.35 guntas in Survey No.66 of Kothapet Village, Peddakothapally Mandal, Mahaboobnagar District without initiating land acquisition proceedings as illegal, arbitrary and without jurisdiction. In the counter-affidavit filed by the Executive Engineer, I.B.Division, Nagarkurnool, Mahaboobnagar District, it is inter alia averred that the respondents have not been trying to take possession of the land without initiating land acquisition proceedings and that the Land Acquisition Officer will acquire the land by publishing draft notification in the Gazette in accordance with the Land Acquisition Act, 1894 (for short ‘the Act’). Having regard to the categorical statement referred to above as contained in the counter-affidavit of respondent No.2, the writ petition is disposed of. Liberty is given to the petitioner to question the action of the respondents, if they seek to dispossess the petitioner from the land in question without initiating proceedings under the Act in future. As a sequel to disposal of main petition, WPMP.No.11585 of 2005 and WVMP.No.1743 of 2005 are disposed of as infructuous. C.V.NARAGJUNA REDDY, J 17th June, 2008. kvni