IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTEENT DAY OF JULY, TWO THOUSAND AND ELEVEN PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.14034 of 2007 Between: G. Ganga … Petitioner And The Collector, East Godavari District, Kakinada & another. … Respondents Counsel for the petitioner: Sri K. Seshagiri Rao for Sri P. Udaya Bhaskar Rao Counsel for the respondents: GP for Land Acquisition This Court made the following: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.14034 of 2007 ORDER:- This Writ Petition is filed for a Mandamus to set aside land acquisition proceedings in respect of Ac.0.50 cents of land comprised in Sy.No.86/1 of Srungarayanipalem, Kirlampudi Mandal, East Godavari District, as being contrary to the provisions of the Land Acquisition Act, 1894 (for short, “the Act”) and the A.P. Agricultural Land (Conversion of Non-Agricultural Purpose) Act, 2006. At the hearing, Sri K. Seshagiri Rao representing Sri P.Udaya Bhaskar Rao, learned counsel for the petitioner, raised two fold contentions, namely; (i) without converting the petitioner’s agricultural land for non-agricultural use, the proposed acquisition is illegal and (ii) the petitioner is a small farmer having no other land and that acquisition of the said land will cause grave injustice to her. With regard to the first submission, the learned Government Pleader for Land Acquisition submitted that this question is no longer res integra in view of the judgment of this Court in R. Veera Raghava Prasad and others vs. District Collector, Krishna District at Machilipatnam and another[1]. The learned counsel for the petitioner has not disputed this position. Therefore, the first contention of the learned counsel for the petitioner is rejected. As regards the second submission of the learned counsel for the petitioner, in the counter affidavit it is categorically averred by respondent No.2 as under: “After publication of DD u/s.6 of the L.A. Act necessary proposals had been submitted to the Collector, E.G. District for fixing the market value of the land under acquisition the accordingly an amount of Rs.1.48 lakhs per acre has been fixed to an extent of Ac.3.44 cents by the Joint Collector, E.G. District and issued orders vide Ref.G2/4700/06, dated 23.04.2007. Subsequently, as per the norms of the L.A. Act Form-6 and Form-7 U/s.9(1) and 10 and 9(3) and 10 of the L.A. Act respectively had been issued and published and served on the Ryot concerned on 09.02.2007 and accordingly award enquiry had been conducted on 26.02.2007. The petitioner Smt. Geddam Ganga had attended to the award enquiry to prove the title over the land under acquisition besides she gave consent to acquire their land @Rs.4.00 lakhs per acre.” Learned counsel for the petitioner submitted that his client has neither attended the award enquiry nor given her consent. The learned Government Pleader produced the record, which contains the minutes of the negotiations committee and also the award enquiry statement and Form-III over which the petitioner has subscribed her thumb impressions. Even though the counter affidavit was filed after service on the learned counsel for the petitioner as far back as 25.11.2008, no reply affidavit is filed controverting the averments contained in the counter affidavit. In the absence of denial of the claim of the respondents that the petitioner has given her consent, this Court has no reason to disbelieve the official record produced by the respondents proving that the petitioner has given her consent for acquisition of the land. In the light of the above facts, the petitioner is not entitled to question the acquisition proceedings having given her consent for such acquisition. For the abovementioned reasons, the Writ Petition is dismissed. As a sequel to dismissal of the Writ Petition, interim stay granted on 03.07.2007 is vacated and WPMP.No.17616 of 2007 and WVMP.No.164 of 2008 are disposed of as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J Date: 18 .07.2011 ES [1] 2008 (2) ALT 136