IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 14092 of 2008 Between: 1 G. Annapurnamma W/o. G. Devarajulu Naidu R/o. Agrampalle Village, Kanipakam Post Irala Mandal, Chittoor District. 2 G. DevarajuluNaidu S/o. G. Venkata Swami Naidu R/o. Agrampalle Village, Kanipakam Post Irala Mandal, Chittoor District. 3 S. Ravichandra Reddy S/o. Late Sri K. Sriramulu Reddy R/o. Kanipakam Post & post, Irala Mandal, Chittoor District. 4 Smt. K. Rani W/o. K. Nagarajulu R/o. Agrampalle Village, Kanipakam Post Irala Mandal, Chittoor District. ..... PETITIONERS AND 1 The Government of Andhra Pradesh, Rep., by its Secretary, Revenue (Endowments) Department, Secretariat Buildings, Hyderabad. 2 The District Collector, Chittoor District, at Chittoor. 3 The Revenue Divisional officer-Cum-and Acquisition Officer, Tirupathi, Revenue Division, Tirupathi, Chittoor District. 4 The Executive Officer, Sri Varasiddi Vinayaka Swamy Temple, Kanipakam Village, Irala Mandal, Chittoor 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 an appropriate writ order or direction more particularly a writ in the nature of Mandamus declaring the action of the respondents in laying a road across the petitioner's fields and dwelling houses by resorting to gross destruction and demolition of our crops and dwelling houses, without taking recourse to the due process of law, as has been mandated under the Provisions of the Land Acquisition Act 1894 as being illegal, arbitrary and high handed apart from being violative of our fundamental rights guaranteed under Article 14, 21 and 300-A of the Constitution of India and the principles of natural justice as well as the catena of precedents laid down by this Hon'ble Court and the Hon'ble Supreme Court of India and pass such other and further order or orders Counsel for the Petitioner:MR.D.SESHADRI NAIDU Counsel for the Respondent Nos.1 to 4: GP FOR ENDOWMENTS The Court made the following : ORDER The petitioners herein claim to be the owners and possessors of Ac.0-59 cents of land in S.No.350/1, Ac.0-27 cents in S.No.353/1, and Ac.0-02 cents in Sy.No.351/2, total extent of Ac.0-88 cents situated in Kanipakam Village and Panchayat including the houses constructed thereon. This writ petition is filed aggrieved by the alleged action of the respondents in attempting to lay a road across the petitioners’ fields and dwelling houses by resorting to destruction and demolition of their crops and dwelling houses. It is alleged that the respondents have never taken to recourse to the due process of law available under the provisions of the Land Acquisition Act, 1894 (for short “the Act”) or any other Statute and they have been proceeding with laying of the road attempting to dispossess the petitioners forcibly. Learned Government Pleader for Endowments, under instructions, stated that on the proposals made by the 4th respondent-temple, an extent of Acs.28.10 cents situated in Kanipakam village was earlier acquired for providing amenities to the pilgrims vide declaration under Section 6 of the Act dated 14.10.2003 and thereafter, possession of the said Acs.28.10 cents of land was taken and the same was utilized for the purpose of laying a road. The learned Government Pleader while denying the allegation of the petitioners that the respondents are interfering with the possession of the petitioners’ land further stated that necessary sanction has already been obtained for acquisition of several other lands situated in Kanipakam village including certain lands belonging to the petitioners and pursuant thereto, a notification dated 4.6.2008 was published under Section 4 (1) of the Act. A perusal of the said notification, which was published in the daily newspapers dated 3.7.2008, placed before this Court shows that the urgency clause under sub Section (4) of Section 17 of the Act has not been invoked and the enquiry under Section 5-A of the Act is proposed to be conducted. In the circumstances, it is always open to the petitioners to raise all their objections to the acquisition by participating in the enquiry proposed to be conducted under section 5-A of the Act. Till such enquiry is completed and the declaration under Section 6 of the Act is made pursuant to the Section 4 (1) notification dated 4.6.2008, the respondents cannot interfere with the possession of the petitioners in respect of their lands covered by the notification dated 4.6.2008. Learned Government Pleader also undertakes that no steps would be taken without taking recourse to law. Hence no further enquiry is necessary in this writ petition. Accordingly, recording the statement of the learned Government Pleader that the respondents are proceeding to lay the road only in the land that was already acquired vide declaration dated 14.10.2003 and that no steps would be taken against the lands of the petitioners without taking recourse to law, the writ petition is disposed of. No costs. ___________ 03-07-2008 rkk