IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 5058 of 2008 Between: Chekka Mahalakshmi W/o.Venkata Suryanarayana R/o.Someswaram(V) Rayavaram(M) E.G Dist ..... PETITIONER AND 1 Govt of A.P Revenue(land Acquisition) Dept Reb. by its Prl. Secretary Secretariat Buildings, Hyd. 2 Dist Collector East Godavari Dist Kakinada 3 Revenue Divisional Officer-Cum Land Acquisition Officer Rajahmundry E.G Dist 4 Mandal Revenue Officer Rayavaram(M) E.G Dist .....RESPONDENT(S) 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 writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in Issuing Notification Ref No.G3/3973/07 dt.13-02-2008 proposing to acquire the land an extent of Ac.0.24 1/4 cents of the petitioner in Sy.No.310/1 of Someswaram(V) Rayavaram(M) E.G.Dist. and the order of the 2nd respondent dt.13.02-2008 as illegal arbitrary and contrary to the provisions of the land acquisition act and set aside the same consequently directing the respondents to drop further proceedings including dispossession of the petitioners from the said lands. Counsel for the Petitioner: MR.T.V.S.PRABHAKARA RAO Counsel for the Respondent: GP FOR LAND ACQUISITION The Court made the following : Form-NIC-OGS/WP{BMR} O R D E R:- This writ petition is filed seeking a mandamus to declare the action of the 2nd respondent in issuing a Notification dated 29.6.2007 under Section 4(1) of the Land Acquisition Act, 1894 (for brevity “the Act”) proposing to acquire the petitioner’s land of an extent of Ac.0.24 ¼ cents in S.Nos.310/1 situated in Someshwaram village and the consequential order dated 13.2.2008 passed by the 2nd respondent, as arbitrary and illegal. The petitioner asserts that the 2nd respondent issued a Notification dated 29.6.2007 under Section 4(1) of the Act proposing to acquire the her land of an extent of Ac.0.24 ¼ cents in S.No.310/1 situated in Someshwaram village, Rayavaram Mandal, East Godavari District for the purpose of providing house-sites to the weaker sections. Then, the petitioner filed her objections before the 3rd respondent. According to the Notification, the 3rd respondent-Revenue Divisional Officer-cum-Land Acquisition Officer is conferred with the powers to hold an enquiry into the objections. Now, the petitioner’s grievance is that the 3rd respondent, without affording an opportunity of being heard, submitted remarks to the 2nd respondent-Collector, who, based on the remarks, passed the impugned order dated 13.2.2008 to the effect that the petitioner is not a small farmer and she is not exempted from the acquisition of her land. Heard the learned counsel for both the parties and perused the material placed on record. In paragraph 4 of the counter affidavit sworn to by the 3rd respondent-RDO, it is decided as follows: “In the circumstances stated above, it is opined that the petitioner’s land is no more required for acquisition and it is proposed to exempt the petitioner’s land from acquisition”. In view of the stand taken in the counter affidavit filed on behalf of respondents 1 to 3, it may not be necessary for this Court to go into various contentions raised by the learned counsel for the petitioner. Hence, the writ petition needs no consideration. Accordingly the same is dismissed directing the respondents to de-notify the land in question under Section 48(1) of the Act at the earliest. No costs. ______________ 23.04.2008 Note: Furnish copy in three days B/o bcj