IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 10121 of 2008 Between: Varanasi Subrahmanya Srinivas S/o. Rama Rao R/o. Eedarapalli, Hamlet of Amalapuram, East Godavari Dist. ..... PETITIONER AND 1 Land Acquisition Officer ( Indiramma Housing Programme )- Cum- Revenue Divisional Officer, Amalapuram, E.G.Dist. 2 Mandal, REvenue Officer, Amalapuram East Godavari District. .....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 an appropriate writ direction or order more particularly the one in the nature of Writ of Mandamus declaring the action of the respondents in forciblty sentering his land in Sy.No.s. 53/4 to the extent of Ac. 0-48 cents, sy.No. 64/9 to the extent of Ac. 0-30 cents, sy.No. 64/8 to the extent of Ac.2-32 cents and Sy.No. 40/10 Ato the extent of Ac. 0-80 cents in Esdarapally Village, hamlet of Amalapuram, amalapuram, East Godavari District and then putting redflage and red marks in his property and encouraging and inciting the villagers to occupy his land stating that they were given the same under Indiramma Housing Programme, without any notice of Acquisition or other proceedings or without passing any order on him, as illegal, arbitrary unjust malafide adn against the principles of Natural justice and to consequently direCt the respondents not ot interfere with hios possession and enjoyment of the above mentioned property excepting under due procedd of law and pass Counsel for the Petitioner: MR.K.SARVA BHOUMA RAO Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following : THE HON’BLE MR. JUSTICE GOPALA KRISHNA TAMADA W.P.NO. 10121 OF 2008 ORDER: According to the petitioner, he is the absolute owner and possessor of 0-48 cents in Sy.No. 53/4, 0-30 cents in Sy.No. 64/9, Ac.2-32 cents in Sy.No. 64/8 and Ac.0-08 cents in Sy.No. 40/10-A of Eedarapalli village, hamlet of Amalapuram, East Godavari district, total extent of Ac.3-18 cents, which came into his possession in a partition between his father and brothers in the year 1984 and thereafter pattadar pass books were issued by the revenue authorities in favour of the petitioner. While the matter stood thus, on 27.4.2008 the respondents, without any authority, entered into the land of the petitioner, took measurements and started dividing the same into plots. When questioned by the petitioner, the reply given by the said officers was that the said land was required for the purpose of houses under Indiramma programme for weaker sections. Hence the petitioner approached this Court and filed the present writ petition questioning the action of the respondents. Heard learned counsel for the petitioner as well as the learned Government Pleader for Land Acquisition. No doubt, the Government has got every right to acquire any land when it is required for a public purpose, but the same cannot be done without following the due process of law. When the land is required, the first step is to issue a notification under Section 4 (1) of the Land Acquisition Act (for short “the Act”) and thereafter they can enter into the land and take measurements as provided under Section 4 (2) of the Act. As the said entry and taking measurements and dividing the land into plots is without any notification under Section 4 (1) of the Act, this Court is thoroughly satisfied that the said acquisition is bad in law. This writ petition is allowed at the stage of admission and the respondents are hereby directed not to dispossess the petitioner from the land in question without initiating proceedings under the Act. No order as to costs. ____________________________ GOPALA KRISHNA TAMADA, J Dt. 1.5.2008 NB: Operative portion by wire at party’s costs. /BO/ KR To 1 Land Acquisition Officer ( Indiramma Housing Programme )- Cum-Revenue Divisional Officer, Amalapuram, E.G.Dist. 2 Mandal, Revenue Officer, Amalapuram East Godavari District. 3 2 CCs to GP for Land Acquisition, 4 2 CD copies Form-NIC-OGS/WP{KSRANI}