IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 16674 of 2008 Between: P. Atmanarayana S/o. Late Pochaiah R/o. Chintaguda Village, Kagaznagar Mandal, Adilabad District. ..... PETITIONER AND 1 The General Manager, South Central Railways, Secunderabad. 2 The Deputy Chief Engineer (Constructions), Kazipet, Warangal District. 3 The Permanent Way Inspector, South Central Railway, Kagaznagar, Adilabad District. 4 The Sub Collector, Land Acquisition Officer, Asifabad, Adilabad 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 respondents without initiating any Land Acquisition proceedings and trying to take possession of the petitioner's agricultural land is illegal, void and violative of principles of natural justice guaranteed under Article 300-A of the Constitution of India and consequently direct the respondents not to interfere with the possession of the petitioner's agricultural land to an extent of Ac.5-00 cents in Sy.No.91/R situate at Chintaguda Village, Kagaznagar Mandal, Adilabad District without initiating any Land Acquisition proceedings in the interests of justice. Counsel for the Petitioner: MR.K.GOVERDHAN REDDY Counsel for Respondents-1 to 3: Mr. P. Gangiramireddy, S.C. for South Central Railway. Counsel for Respondent No.4: G.P. for Land Acquisition. The Court made the following : ORDER: This writ petition has been ﬁled by Sri P. Atmanarayana assailing the action of the respondents 1 to 3 in trying to take possession of his land without following due process of law. The petitioner is the owner of the agricultural land to an extent of Ac.6.95 cents in 91/ situated at Chintaguda Village, Kagaznagar Mandal, Adilabad District. Out of Acs.6.95 cents, the respondents initiated land acquisition proceedings and acquired Acs.1.95 cents. The left over land is Acs.5.00. The grievance of the petitioner is that the respondents are contemplating to interfere with his possession in respect of Acs.5.00 of land without initiating any proceedings for acquiring the same. Hence the present writ petition. When the writ petition came up for admission, Sri Gangi Rami Reddy, learned Standing Counsel appearing for South Central Railway received notice on behalf of respondents 1 to 3, and learned Government Pleader for Land Acquisition received notice on behalf of respondent 4. Learned counsel appearing for the petitioner submits that the respondents have not initiated any proceedings for acquisition of the land in possession of the petitioner, and therefore, the action of the respondents in trying to interfere with the possession of the petitioner in respect of the land in question, cannot be justified. In that view of the matter, the writ petition is disposed of at the admission stage directing the respondents to follow due process of law in the event of the land in occupation of the petitioner is required for doubling the railway line. _________________________ (B. Seshasayana Reddy, J.) 1st August, 2008 Js. ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The General Manager, South Central Railways, Secunderabad. 2 The Deputy Chief Engineer (Constructions), Kazipet, Warangal District. 3 The Permanent Way Inspector, South Central Railway, Kagaznagar, Adilabad District. 4 The Sub Collector, Land Acquisition Officer, Asifabad, Adilabad District. 5 2 CCs to G.P. for Land Acquistion, High Court of A.P., Hyderabad. (OUT) 4 2 CD copies.