IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 15346 of 2008 Between: 1 Marneni Subba Rao, S/o. Venkata Subbaiah, R/o. at Mallavaram Village, of Maddipadu Mandal, Prakasam District, AP 2 Marneni Seshaiah, S/o. Venkata Subbaiah, R/o. at Mallavaram Village, of Maddipadu Mandal, Prakasam District, AP 3 Marneni Seshaiah, S/o. Venkata Subbaiah, R/o. at Mallavaram Village, of Maddipadu Mandal, Prakasam District, AP ..... PETITIONERS AND 1 The State of AP., Rep by the Principal Secretary Revenue (Land Revenue) Department, Secretariat, Hyderabad. 2 The District Collector, Prakasam District at Ongole. 3 The Reveneu Divisional Officer cum Land Acquisition Officer Ongole, Prakasam District. 4 The Tahsildar, Mallavaram Village & Mandal, Prakasam District, A.P. .....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 Notification in R.C.No. G2/1251/2008 dated 31-3-2008 given under S. 4 (1) of the Land Acquisition Act, 1894, published in Prakasam District Gazettee under Part-I Extraordinary, bearing No. 33 dated 4-4-2008 and the Declaration Notification in R.C.No. G2/1251/2008 dated 31-3-008 give in under S.6 of the Land Acquisition Act, 1894, published in Prakasam District Gazettee under Part-I Extraordinary, bearing No. 34 dated 9-4- 2008, given by the District Collector of Prakasam District i.e. 2nd Respondent as arbitrary, bad in law, illegal, ultra vires, un constitutional and against the Principles of Natural Justice. Counsel for the Petitioner: MR.T.SREEDHAR Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : THE HON’BLE MS. JUSTICE G. ROHINI WRIT PETITION NO. 15346 of 2008 O R D E R: By notification dated 04-04-2008 published under Section 4(1) of the Land Acquisition Act, 1894, the lands situated in Sy.Nos.82/5, 82/6, 82/1A and 82/1B of Mallavaram village, Maddipadu Mandal, Prakasam District are sought to be acquired for a public purpose namely providing house sites to the weaker sections. The petitioners herein claim to be the owners and possessors of land in Sy.No.83/1 A. It is alleged that under the guise of the notification dated 04-04-2008, the respondents are attempting to interfere with the possession of the petitioners’ land and attempting to dispossess them forcibly. Hence, this writ petition seeking a declaration that the alleged action of the respondents is arbitrary and illegal. Since the notification dated 04-04-2008 on the face of it did not include Sy.No.83/1 A, it is not open to the respondents to interfere with the said land in any manner whatsoever for public purpose notified under the said notification. Accordingly, 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 land situated in Sy.No.83/1 A of Mallavaram village without following due process of law. No costs. __________________ G.ROHINI,J Date:17-07-2008 KLP