IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GOPALAKRISHNA TAMADA Writ Petition No.5838 of 2008 Between: 1. Byru Tirupaiah S/o.late Gopaiah R/o.Venkatagiri Village, Khammam Rural and Mandal, Khammam District. 2. Mesala Ramaiah S/o.Muttaiah R/o.Venkatagiri Village, Khammam Rural and Mandal, Khammam District. 3. Byru Ananthamma W/o.Venkaiah R/o.Venkatagiri Village, Khammam Rural and Mandal, Khammam District. 4. Chennaboyina Mallikarjuna Rao S/o.Laxmaiah R/o.Venkatagiri Village, Khammam Rural and Mandal, Khammam District. 5. Byru Padma W/o.Venkateswarlu R/o.Venkatagiri Village, Khammam Rural and Mandal, Khammam District. 6. Byru Seetharamulu S/o.Gopaiah R/o.Venkatagiri Village, Khammam Rural and Mandal, Khammam District. 7. Menala Veeraswamy S/o.Muttaiah R/o.Venkatagiri Village, Khammam Rural and Mandal, Khammam District. 8. Menala Biksham s/o.Veeraiah R/o.Venkatagiri Village, Khammam Rural and Mandal, Khammam District. 9. Goddigarla China Muttaiah S/o.Mallaiah R/o.Venkatagiri Village, Khammam Rural and Mandal, Khammam District. 10. Byru Sukhama W/o. late Butchaiah R/o.Venkatagiri Village, Khammam Rural and Mandal, Khammam District. ... PETITIONERS AND 1. Government of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad. 2. The District Collector, Khammam District at Khammam. 3. The Revenue Divisional Officer, Khammam District at Khammam. 4. The Tahsildar, Khammam Rural, Mandal, Khammam 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 may be pleased to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents herein in threatening to acquire the lands of the petitioners admeasuring Ac.1-10 Gts., in Sy.No.264/22, Ac.1-20 Gts., in Sy. No.289/22, Ac.1-00 Gts., in Sy.No. 218/33, Ac.1-00 Gts. in Sy.No.289/1/A, Ac.1-00 Gts. in Sy.No.289/32, Ac.0-30 Gts., in Sy.No.289/44, Ac.1-10 Gts. in Sy.No. 218/21, Ac.1-00 Gts. in Sy.No.218/20 Ac.1-10 Gts. in Sy. No.289/7 and Ac.2-00 Gts. in Sy.No.289/30 situated at Venkatagiri village, Khammam Rural Mandal, Khammam District without issuing any notice and without following the due process of Law as illegal, arbitrary and violative of Articles 19, 21 and 300-A of the Constitution of India and consequently direct the respondents not to acquire the lands of the petitioners, and to grant such other relief or reliefs. Counsel for the Petitioners. : MR.PALLENAGESWAR RAO Counsel for the Respondents. : GP FOR LAND ACQUISITION The Court made the following: ORDER: - The grievance of the petitioners is that the respondents without following due process of law i.e. without initiating proceedings under the Land Acquisition Act, 1894 (for short, ‘the Act’) are trying to acquire the lands in question belonging to them. In support of their claim they have produced several documents such as pattadar pass books, title deed books etc. 2. All these circumstances clearly lead to the inference that the petitioners are having title/interest in the lands in question. When that be so, and if the very same lands are required for a public purpose, the minimum requirement is to initiate proceedings as provided for under the Act. If such a proceedings are already initiated it is a different matter, but however, as the complaint of the petitioners is that there is no notification under Section 4(1) of the Act, the respondents are hereby directed to follow due process of law before evicting the petitioners. Till such a course is adopted, the petitioners shall not be dispossessed from out of the lands in question. 3. With the above directions, the writ petition is disposed of at the stage of admission itself. ________________________________ JUSTICE GOPALAKRISHNA TAMADA Dt.18-03-2008 Note: Operative portion by wire at party’s costs. B/o GLV ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER Copy to: 1. The Principal Secretary, Revenue Department, Government of Andhra Pradesh, Secretariat, Hyderabad. 2. The District Collector, Khammam District at Khammam. 3. The Revenue Divisional Officer, Khammam District at Khammam. 4. The Tahsildar, Khammam Rural, Mandal, Khammam District. 5. 2CCs to 6. 2CD copies Form-NIC-OGS/WP{KURR}