IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 10347 of 2007 Between: 1 Vegesna Raja Gopala Raju S/o Bhaskara Raju 2 Vegesna Subrahmanyam Raju S/o Bhaskara Raju Both the petitioners are residents of Ganapavaram (V&M) West Godavari District. ..... PETITIONERS AND 1 The District Collector, Eluru, West Godavari district. 2 The Revenue Divisional Officer, Narsapur, West Godavari 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 a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 1st respondnet in his proceedings ROC No. F5/SW/37/2007 G1, dt 11-02- 2007 issued Under Section 4(1) of the Land Acquisition Act, in so far as it relates to the Land Ac.1.68 cents in Survey Numbers 65/7 67/8 and 68/2 Ganapavaram Village and Mandal West Godavari District is contrary to see 3 and 5 of A.P. Agricultural Land (Conversion for Non Agricultural Purpose) Act 2006, arbitrary, malafide, illegal and unsustainable, quash the same. Counsel for the Petitioners: None appeared Counsel for the Respondents: AGP FOR LAND ACQUISITION The Court made the following: ORDER: This writ petition is filed for a writ of mandamus to declare the action of respondent No.1 in issuing notification, dated 11.02.2007 under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’) to the extent it relates to Ac.1.68 cents in Survey No.65/7, 67/8, 68/2 of Ganapavaram Village and Mandal, West Godavari District as contrary to the provisions of the Andhra Pradesh Agricultural Land (Conversion for Non-Agricultural Purposes) Act, 2006. At the hearing, there is no representation for the petitioners. A perusal of the averments contained in the affidavit filed in support of the writ petition shows that the main ground on which the acquisition proceedings are challenged is that the agricultural land of the petitioner cannot be acquired without its conversion for non- agricultural use. This issue is no longer res integra in view of the judgment, dated 28.12.2007 passed by this Court in Writ Petition No.18881 of 2006 and batch, whereunder a similar contention has been rejected. In view of the above, the writ petition is dismissed. C.V. NAGARJUNA REDDY, J 19th FEBRUARY, 2008 kvni ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The District Collector, Eluru, West Godavari district. 2 The Revenue Divisional Officer, Narsapur, West Godavari district. 3 Two CCs to the Government Pleader for Land Acquisition, High Court of A.P., Hyderabad. 4 2 CD copies