IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.6825 of 2008 Between: 1 Ganji Venkata Chenna Reddy, S/o. Venkaiah, R/o. Vemulakota Village, Markapur Mandal, Prakasam District. 2 Janka Nandaiah, S/o. Pedda Venkaiah, R/o. Vemulakota Village, Markapur Mandal, Prakasam District. 3 Mekala Peddi Rajulu, S/o. Pedda Rajaiah, R/o. Kottalapalli Village, Markapur Mandal, Prakasam District. 4 Tirumal Reddy Pedda Channa Reddy S/o. Ankaiah, R/o. Vemulakota Village, Markapur Mandal, Prakasam District. 5 G.V. Srinivasa Rao, S/o. Venkata Narasaiah, R/o. Vemulakota Village, Markapur Mandal, Prakasam District. 6 Chaganti Subba reddy, S/o. Rama Swami, R/o. Vemulakota Village, Markapur Mandal, Prakasam District. 7 Chaganti Subba reddy, S/o. Nagaiah, R/o. Vemulakota Village, Markapur Mandal, Prakasam District. 8 Janke Narayana, S/o. Chennakesavulu, R/o. Vemulakota Village, Markapur Mandal, Prakasam District. 9 Janke Narayana Reddy, S/o. Venkata Channaiah, R/o. Vemulakota Village, Markapur Mandal, Prakasam District. 10 Janke Venkata Reddy, S/o. Venkata Channaiah, R/o. Vemulakota Village, Markapur Mandal, Prakasam District. 11 Janke Chinna Venkateswarlu, S/o. Chinna Chennaiah, R/o. Vemulakota Village, Markapur Mandal, Prakasam District. 12 Janke Ramanjaneya Reddy, S/o. Venkata Chennaiah, R/o. Vemulakota Village, Markapur Mandal, Prakasam District. 13 Yeruva Ramalakshmamma, W/o. Anantaiah, R/o. Kottalapalli Village, Markapur Mandal, Prakasam District. 14 Dudekula Kasaiah, S/o. Kasanna, R/o. Kottalapalli Village, Markapur Mandal, Prakasam District. 15 Dudekula Hussain, S/o. Kasanna, R/o. Kottalapalli Village, Markapur Mandal, Prakasam District. 16 Dudekula Mastan, S/o. Kasanna, R/o. Kottalapalli Village, Markapur Mandal, Prakasam District. 17 Gumma Channamma, W/o. Avulaiah, R/o. Kottalapalli Village, Markapur Mandal, Prakasam District. 18 Gumma Kondamma, W/o. Avulaiah, R/o. Kottalapalli Village, Markapur Mandal, Prakasam District. 19 Mekala Rajulu, S/o. Bala Raju, R/o. Kottalapalli Village, Markapur Mandal, Prakasam District. 20 Chaganti Lakshmi Reddy, S/o. Pedda Subba Reddy, R/o. Vemulakota Village, Markapur Mandal, Prakasam District. 21 Golla Vasudeva Rao, S/o. Satyanarayana, R/o. Markapur, Markapur Mandal, Prakasam District. ..... PETITIONERS AND 1 The Special Collector, Land Acquisition, Poola Subbaiah Velugonda Project, Ongole, Prakasam District. 2 The Special Deputy Collector, Land Acquisition, Unit-III, Cumbum, Prakasam District. 3 The District Collector, Ongole, Prakasam District. 4 The Joint Collector, Ongole, Prakasam District. 5 The Revenue Divisional Officer, Markapur, Prakasam District. 6 The Government of Andhra Pradesh, Rep. by its Secretary, Irrigation and CAD Department, Secretariat, 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 may be pleased to issue a Writ of Mandamus or any other appropriate Writ or order directing the respondents not to acquire the land in Sy.Nos. 589, 590, 617/A, 628, 618, 619, 620, 621, 622, 629/A, 623 and 631/A of Vemulakota Village, Markapur Mandal, Prakasam District belonging to small and marginal farmers and instead allot the Government Waste land in Sy.No.s 958, 958/1A, 959/2A, 959/B, 959/C, 947, 948 and 949 of Darimadugu Village H/o. Idupur Sy.No. 282/1 and 2 and 300/1 and 2 of Tokapalli Village which is suitable for house sites to the displaced villagers of Gottipadia and Akkacheruvu Tanda. Counsel for the Petitioners : MR.K.SOMA KONDA REDDY Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.6825 of 2008 ORDER: Petitioners, who are 21 in number, are stated to be small and marginal farmers, owning small extents of land. They allege that the Government acquired huge extents of lands for the purpose of Velugonda project, and in order to provide house sites to the displaced persons under the said project, the Government is trying to acquire the lands of the petitioners and other similarly placed persons, without first resorting to acquisition of the land belonging to the Government. The details of the Government wasteland, which is available in the villages of Darimadugu, Indupur and Tokapalli villages are also mentioned in the affidavit filed in support of the writ petition, and the same reads as under: “Darimadugu village H/o Indupur Sy.Nos. Extent 958 Ac.0.58 cents 958/1A Ac.3.60 cents 959/2A Ac.19.63 cents 959 AC.29.63 cents (out of it Ac.10.00 was made available to locate the residential school) Sy.Nos. Extent 959/B Ac.5.16 cents 959/C Ac.0.24 cents 947 Ac.19.26 cents 948 AC.3.04 cents ____________ Total Ac.53.65 cents -------------------- Induru village Sy.No.940 to 1084 above 150 acres. Tokapalli village Sy.No.282/1 Ac.85.45 cents Sy.No.282/2 Ac.17.20 cents Sy.No.300/1 Ac.24.90 cents Sy.No.300/2 Ac.59.25 cents _____________ Total Ac.176.82 cents -------------------- They further state that they made a representation dated 28.02.2008 to the respondents, including the Chief Minister of Andhra Pradesh, not to acquire their lands without first acquiring the said Government lands, but in vain. Hence, this writ petition. Heard the learned counsel for the petitioners, the learned Assistant Government Pleader for Land Acquisition and the learned Assistant Government Pleader for Irrigation. Though the representation, dated 28.02.2008, is addressed to the Chief Minister of Andhra Pradesh, copies of the same are marked to the Special Collector, Velugonda project and the Special Deputy Collector, Velugonda Project and also the District Collector, Ongole. If really Government lands, as stated by the petitioners, are available, the same can be allotted to the displaced persons, and there is no need for the respondent-authorities to acquire the lands belonging to the petitioners, who are also small farmers. However, if the Governments lands are not useful for providing house sites, the respondent-authorities can acquire the lands belonging to the petitioners by following the procedure contemplated under the Land Acquisition Act, 1894. With the above observation, the writ petition is disposed of, at the stage of admission. However, as the representation, dated 28.02.2008, made by the petitioners to the respondent-authorities is pending, respondents shall dispose of the same in accordance with law, keeping in view the observations made by this court in this writ petition. Till the representation of the petitioners dated 28.02.2008 is considered, the petitioners shall not be dispossessed from their lands. There shall be no order as to costs. _________ 31.03.2008 sh ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Special Collector, Land Acquisition, Poola Subbaiah Velugonda Project, Ongole, Prakasam District. 2 The Special Deputy Collector, Land Acquisition, Unit-III, Cumbum, Prakasam District. 3 The District Collector, Ongole, Prakasam District. 4 The Joint Collector, Ongole, Prakasam District. 5 The Revenue Divisional Officer, Markapur, Prakasam District. 6 The Government of Andhra Pradesh, Rep. by its Secretary, Irrigation and CAD Department, Secretariat, Hyderabad. 7. 2CCs to 8. 2CD copies