IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION No.17933 of 2007 Between: 1 Smt.P.Manikyamma Devi, W/o Late Ganga Rao, R/o H.No.17-9-554, Yakutpura Chowni, Nader Ali Bagh, Hyderabad. 2 P.Jagadish Kumar, S/o Late Ganga Ram, R/o H.No.17-9-554, Yakutpura Chowni, Nader Ali Bagh, Hyderabad. 3 K.Venkatesh, S/o K.Pandu, R/o H.No.17-2-309/1/2, Kurmaguda, Saidabad, Hyderabad. 4 Smt.Shiv Kanya, W/o Kishan Narayan Swamy, R/o H.No.14-10-377, Jumerath Bazar, Hyderabad. 5 Smt.S.Saraswathi, W/o S.Prabhakar, R/o 1-8-747/11/60, Sanjay Nagar, Nallakunta, Hyderabad. 6 Smt.M.Rudrama Devi, W/o Laxmi Narayana, R/o H.No.14-10-391, Lower Dhoolpet, Hyderabad. 7 B.Narsimha, S/o Mallaiah, R/o H.No.9-2-113, Champapet, R.R.Dist. 8 S.Krishna Veni, W/o S.Balasubramaniam, R/o Nagaiahgaripally (V), Post, Kotala Chandragiri (M), Chittoor Dist. 9 B.Aparna, D/o Prakash, R/o Sanjeeva Reddy Nagar, Hyderabad. ..... PETITIONERS AND 1 The Government of Andhra Pradesh, rep. by its Principal Secretary, Municipal Admn. & Urban Development, Secretariat, Hyderabad. 2 Hyderabad Urban Development Authority, rep. by its Vice Chairman & Managing Director, Police Lines, Rasoolpura, Secunderabad. 3 The District Collector, R.R.Dist., Hyderabad. 4 The Land Acquisition Officer, Hyderabad Urban Development Authority, Police Lines, Rasoolpura, Secunderabad. 5 The Special Deputy Collector, Land Acquisition-II, Outer Ring Road, HUDA Complex, Tarnaka, Hyderabad. .....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 Notifications issued by the 3rd respondent dated 19.06.04 and 25.06.04 published in R.R.Dist. Gazette dated 26.06.04 U/s 4(1) of the Land Acquisition Act 1894 proposing to acquire land to an extent of 183 sq.yards of the petitioner No.1 in Plot No.81, to an extent of 200 sq.yards of the plot No.18, to an extent of 200 sq.yards of the plot No.45 of petitioner No.2, to an extent of 184 sq.yards of the plot No.80 of petitioner No.3, to an extent of 200 sq.yards each in of the plot Nos.24, 56, 25 and 60 of the petitioner Nos.4, 5, 6 and 7 in Sy.Nos.524 to 527 and 529 of Nadergul Village, Saroornagar Mandal, Ranga Reddy District respectively and to an extent of 200 sq.yards in Plot No.120 and 78 of petitioner No.8 and 9 respectively in Sy.Nos.526/1, 527/1 and 529/1 of Nadergul Village, Saroornagar Mandal, for the purpose of development of Township and for future projects, followed by the Sec.6 Declaration under the L.A.Act, dated 28.07.05 published in the Dist. Gazette as being illegal, unconstitutional, without jurisdiction and violation of the Provisions of the Urban Areas (Development) Act, 1975 and the Provisions of the Act, 1 of 1894 and consequently quash the said notifications and pass such other and further order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioners: MR.RAJ KUMAR RUDRA Counsel for the Respondent No.1: GP FOR GENERAL ADMINISTRATION Counsel for the Respondent Nos.2 to 5: SRI Y. RAVINDRA, SC FOR HUDA The Court made the following : ORDER: Learned counsel on either side fairly conceded that the issue that arises for consideration in this writ petition is squarely covered by the judgment of this Court in Gajjela Narasimha Reddy and others v. Collector, Ranga Reddy District and another[1]. Therefore, this writ petition is also liable to be allowed in terms of the said judgment. Accordingly, the writ petition is allowed and the impugned notifications are quashed to the extent of the lands belonging to the petitioners. The respondents, however, are not precluded from initiating acquisition proceedings afresh in accordance with law. There shall be no order as to costs. ______________ C.V.RAMULU, J Date: 04.03.2009 va [1] 2008 (5) ALD 302