IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE ELEVENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GOPALAKRISHNA TAMADA Writ Petition No.8042 of 2008 Between: 1. G. Raghu Rami Reddy, s/o. G. Narayana Reddy, r/o D.No.1/443-2, Lakshmi Ranga Circle, Kadapa City & District. 2. G. Sudarshan Reddy, s/o G. Raghu Rami Reddy, r/o D.No.1/444, Lakshmi Ranga Circle, Kadapa City & District. 3. G. Vedavathi, w/o G. Sudarshan Reddy, r/o D.No.1/444, Lakshmi Ranga Circle, Kadapa City & District. ... PETITIONERS AND 1. The State of Andhra Pradesh, rep. by its District Collector, Kadapa, Kadapa District. 2. The Revenue Divisional Officer, Kadapa, Kadapa 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 Notification in Ref.G1/1354/08, dated 16-03-2008 issued by first respondent under Section 4(1) of the Land Acquisition Act, 1894 published in Vaartha Daily, Kadapa Edition, dated 17-03-2008 proposing to acquire Commercial Buildings in D.Nos.1/444, 1/443-1, 1/443-2 & 1/443-3 situated in Sy.Nos.60/2A & 60/2B of Nagarajupalle village, Kadapa Mandal, Kadapa District and also the highhanded action of second respondent in trying to take possession under the guise of public purpose, without passing any orders on the objections submitted by the petitioners in pursuance of the notice under Section 5-A of the Land Acquisition Act, 1894 as arbitrary, illegal, contrary to the procedure envisaged under the provisions of the Land Acquisition Act, 1894 and violative of the Fundamental and Constitutional rights guaranteed to the petitioners under Articles 14, 19, 21 & 300-A of the Constitution of India and consequently set aside the same insofar as the Commercial Buildings D.Nos.1/444, 1/443-1, 1/443-2 & 1/443-3 situated in Sy.Nos.60/2A & 60/2B of Nagarajupalle Village, Kadapa Mandal, Kadapa District are concerned and to pass such other orders. Counsel for the Petitioners: Mr. V. R.REDDY KOVVURI Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following: ORDER: - According to the petitioners, they are the absolute owners of the lands in question and as the same was required for a public purpose i.e. for development of National Highway –18 upto K.M., 1/3 C.R.A. Road, Kotireddy Circle to High Level Bridge Approach road near Murali Theatre (old Lakshmi Ranga Theatre) and in that context a notification under Section 4(1) of the Land Acquisition Act, 1894 (for short, ‘the Act’) was issued on 16-03-2008. It is stated that according to the said notification enquiry under Section 5-A of the Act was directed to be conducted by the Revenue Divisional Officer. As the said acquisition is not to the willing of the petitioners, they filed their objections before the Revenue Divisional Officer and the same is pending consideration and no orders have yet been passed. Be that as it may, the authorities particularly, the second respondent is highhandedly entering into the lands in question and threatening the petitioners with dire consequences and also trying to take possession of the lands in question. Hence, they approached this Court and filed the present writ petition. 2. Heard learned counsel for the petitioners, learned Government Pleader for respondents. 3. Learned Government Pleader on instructions submitted that the objections filed by the petitioners are very much under consideration. 4. When the objections of the petitioners are under consideration it is not known as to whether the said objections would be accepted or rejected. Before considering and deciding the same the action of the respondents in trying to dispossess the petitioners, is unwarranted. 5. Accordingly, the writ petition is allowed at the stage of admission and respondents are hereby directed not to dispossess the petitioners from out of the lands in question, without following the provisions of the Land Acquisition Act. _______________________________ JUSTICE GOPALAKRISHNA TAMADA Dt.11-04-2008 GLV ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER Copy to: 1. The District Collector, Kadapa, Kadapa District. 2. The Revenue Divisional Officer, Kadapa, Kadapa District. 3. 2CCs to 4. 2CD copies Form-NIC-OGS/WP{SPJS}