IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SIXTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 6739 of 1999 Between: 1 E.Narayana Reddy, S/o. Balarami Reddy, Baba Nagar Village, H/o. Deebaguntla Village, Gospadu Mandal, Kurnool District. 2 D.Somasekhar Reddy, S/o. Ramalinga Reddy, Baba Nagar Village, H/o. Deebaguntla Village, Gospadu Mandal, Kurnool District. 3 A.Pattabhi Rami Reddy, S/o. A.Subba Reddy, Baba Nagar Village, H/o. Deebaguntla Village, Gospadu Mandal, Kurnool District. ..... PETITIONERS AND 1 The District Collector, Kurnool District. 2 The Revenue Divisional Officer, Nandyal, Kurnool 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 will be pleased to issue an appropriate writ, order or direction mostly one which is in the nature of Writ of Mandamus declaring the action of the 1st Respondent in issuing Sec.4(1) Notiﬁcation published in Kurnool District Gazette dt. 26-9-98 proposing to acquire the land admeasuring Acres.2.11 in Survey No.456/2 of Baba Nagar Village, H/o. Deebaguntal Village, Gosupadu Mandal, Kurnool District as illegal, irregular, arbitrary, unjustiﬁed and unsustainable and set aside the same holding that the petitioners above said land shall not be acquired and pass such other order or orders as it may deem fit. Counsel for the Petitioners: MR.P.VEERA REDDY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN Writ Petition No. 6739 of 1999 Order: The action of the 1st respondent-District Collector, in issuing Section 4(1) Notiﬁcation, dated 26.09.1998, proposing to acquire Ac.2-11 of land in Survey No.456/2 of Babanagar village, H/o Deebaguntla village, Gosupadu Mandal, Kurnool District, is questioned in this writ petition, as arbitrary and illegal. Learned Government Pleader for Land Acquisition submits that she has been instructed, vide Revenue Divisional Oﬃcer’s letter dated 13.08.2008, that the respondents do not intend to acquire the petitioners land and that withdrawal proposals are in the process of being submitted. It would suﬃce if this statement made across the bar by the learned Government Pleader is taken on record. Since it is evident that the respondents do not intend to acquire the petitioners land, the Section 4(1) Notification, issued on 26.09.1998, is quashed. The writ petition is allowed. However, in the circumstances, without costs. __________________________ RAMESH RANGANATHAN, J. Date: 26.08.2008 Nsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The District Collector, Kurnool District. 2 The Revenue Divisional Officer, Nandyal, Kurnool District. 3.2CCs to 4.2CD copies Form-NIC-OGS/WP{KRD}