IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 7820 of 2008 Between: Syed Arif PashaS/o Late S.Md. Kiran Pasha r/o D. No. 5/223, Kotagadda Street, kadapa, Kadapa District. ..... PETITIONER AND 1 State of Andhra Pradesh rep by the District collector, Kadapa, kadapa District, Andhara Pradesh. 2 Land Acquisition Officer & Revenue Divisional Officer, kadapa, kadapa 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 order, direction or Writ, more particularly one in the nature of writ of Certiorari by calling for the records relating to Notification published on 30-9-2007 and the subsequent declaration published on 21- 1-2008 both bearing Ref. G1/3343/2007 issued Under section 4 (1) and section 6 respectively of the land Acquisition Act, 1894, and direct the respondents not to interfere with the peaceful possession of the petitioner's property bearing municipal Door No. 5/244 on the strength of the said Notification adn declaration respectively except as per the provisions laid down in Land acquisition act, 1894 and pass such other order or orders as this Hon'ble Court deems fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.A.SRINATH Counsel for the RespondentS: GP FOR LAND ACQUISITION The Court made the following : THE HON’BLE MR. JUSTICE GOPALA KRISHNA TAMADA W.P.NO. 7820 OF 2008 ORDER: The petitioner’s grievance is that he is the absolute owner of a house bearing door No. 5/244 in Kadapa town and the same was acquired without initiating any proceedings under the Land Acquisition Act (for short “the Act”). Hence he approached this Court and filed the present writ petition for issuance of an order declaring that the said acquisition is without a notification. Heard learned counsel for the petitioner as well as the learned Government Pleader for Land Acquisition. The learned Government Pleader, on instructions, has submitted that the Government proposed to acquire the petitioner’s house as well as various houses belonging to others for the purpose of road widening and in that context, a notification under section 4 (1) of the Act was published on 26.9.2007 and thereafter a draft declaration under Section 6 of the Act was published on 21.1.2008. Having looked into the said notification as well as the draft declaration, it is clear that the house bearing door No. 5/244 in question is not at all mentioned. From the above, it is clear that the said acquisition is contrary to the very Land Acquisition Act. Of course, it is submitted by the learned Government Pleader that it is only due to oversight the same is not included either in the notification or in the draft declaration. However, the very purpose of issuing notification under section 4 (1) of the Act is to enable the persons to know the acquisition of their properties and the said acquisition is for a public purpose. When such a purpose is defeated, in my considered view, the said acquisition is definitely contrary to the spirit of the provisions of the Land Acquisition Act for which the same has been legislated. In the light of the above, this Court has no option, but to direct the respondents not to acquire the petitioner’s house bearing door No. 5/244 in Kadapa Town without following the due process of law. Accordingly the writ petition is allowed at the stage of admission. No order as to costs. ____________________________ GOPALA KRISHNA TAMADA, J Dt.10.4.2008 KR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 State of Andhra Pradesh rep by the District collector, Kadapa, kadapa District, Andhara Pradesh. 2 Land Acquisition Officer & Revenue Divisional Officer, kadapa, kadapa District. 3. 2 CCs to GP for Land Acquisition, 4.2 CD copies Form-NIC-OGS/WP{TRT}