HONOURABLE THE ACTING CHIEF JUSTICE GHULAM MOHAMMED AND HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO. 4281 OF 1999 Between: Sri Visweswara Swamivari Devasthanam , G. Mamidada Village, Pedapudi Mandal, East Godavari District and four others ………….Petitioners AND The District Collector, East Godavari District, Kakinada and one another ………….Respondents O R D E R : (Per Honourable the Acting Chief Justice GHULAM MOHAMMED ) This Writ Petition has been filed seeking to issue an order particularly one in the nature of Writ of Mandamus declaring the notification dated 13.1.1999 issued by the first respondent-District Collector, East Godavari District, Kakinada, and the declaration under Section 6 of the Land Acquisition Act as illegal and void. Brief facts of the case are that the property covered by Ac. 0.18 cents in S.No. 521/1 of G. Mamidada Village is the property belonging to the first petitioner-Devasthanam herein having been donated by Sri K. Sitharam Reddy to the temple for the purpose of utilising the same for performing Kalyanams of Lord Siva and Sri Umamaheswari. It is stated that the site is also being used for flower plants to utilise the flowers for the poojas of Lord Visweswara Swamy. While so, the first respondent herein issued a notification under Section 4(1) of the Land Acquisition Act, (for short “the Act”), seeking to acquire the said extent along with another extent of Ac. 0.46 cents belonging to Sri Veerabhadra Swamy Devasthanam, for the purpose of providing house sites to the weaker sections. By the said notification, an enquiry under Section 5-A of the Act was dispensed with, and this was followed by a declaration under Section 6 of the Act on 15.1.1999. When the matter is taken up for hearing, the learned Government Pleader for Land Acquisition submits that an alternate land has been selected for providing house sites to the weaker sections and there is no need to acquire the notified land. In view of the above submission made by the learned Government Pleader for Land Acquisition, this Writ Petition is allowed and the declaration under Section 6 of the Act is quashed. There shall be no order as to costs. ______________________________ GHULAM MOHAMMED, HACJ ________________________________ NOOTY RAMAMOHANA RAO, J 29TH OCTOBER, 2011 K. AMMAJI ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies.