IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 16190 of 2008 Between: 1 Palli Satya Rao S/o. Late Sanyasi 2 Kolli Ramana Rao S/o. Nuka Raju 3 Lalam Ramu S/o. Sriram Murthy ( all the petitioners are residing at Dupperla Village, Atchutapuram Mandal, Visakhapatnam District. ) ..... PETITIONERS AND 1 The District Collector, Visakhapatnam. 2 The Special Deputy Collector cum L.A.D. A.P.I.I.C., S.E.Z., Visakhapatnam. .....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 action of the respondents in taking possession of the lands of the petitioners in Sy.No. 99 of an extent of 0.69 cents and in Sy.No. 168/1 of an extent of Ac. 2.25 cents, in Sy.No.169/1 of an extent of Ac. 1.00, Sy.No. 165/1 of an extent of 0.55 cents and in Sy.No. 169/1 of an extent of 0.54/1/2 cents situated at Dopperla Village, Atchutapuram Mandal, Visakhapatnam District in Pursuance of notification dated 3-7-2006 issued under Section 4(1) of Land Acquisition Act, 1894 by the 1st respondent, as illegal, arbitrary and violative of Article 300(A) of Constitution of India and direct the respondents to pay compensation as per the provisions of the Land Acquisition Act and pass Counsel for the Petitioner: MR.C.H.MURALI KRISHNA Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 16190 of 2008 O R D E R: The petitioners claim to be the owners and possessors of different extents of land situated in Sy.Nos. 99, 168/1, 169/1, 165/1, and 169/1 situated at Dopperla Village, Atchutapuram Mandal, Visakhapatnam District. The allegation of the petitioners is that the respondents herein are attempting to dispossess them forcibly without there being any justifiable reason. It is pleaded that though a notification under Section 4(1) of the Land Acquisition Act, 1894 was published on 03-07-2006 for acquisition of some of the lands situated in Dopperla village for the purpose of Integrated Special Economic Zone to construct residential colony, the petitioners’ lands were not included in the said notification and no other notification has been issued for acquiring the lands of the petitioners. Hence, the present writ petition contenting that the action of the respondents is arbitrary and illegal. Having heard the learned counsel for the petitioners as well as the learned Government Pleader and having regard to the specific plea of the petitioners that no notification has been issued for acquisition of the lands of the petitioners, the writ petition is disposed of with a direction to the respondents not to interfere with the possession of the petitioners in respect of the lands in question without following due process of law. No costs. ______________ G. ROHINI,J Date: 28-07-2008 KLP