THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No.15436 OF 2010 Dated:05.09.2011 Between: Yugal Kishore Sharma. ..... PETITIONER AND The Government of A.P., represented by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and others. ..... RESPONDENTS The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.15436 OF 2010 ORDER : The petitioner, who claims to be the owner of Ac.1.90 guntas of land situated in Sy.No.450/3 of Yedpally Village, Nizamabad District, filed this writ petition seeking a declaration that the action of the respondents in acquiring the said land invoking the provisions of Land Acquisition Act, 1894 for providing house sites to weaker sections is arbitrary and illegal. It is stated that the notification under Section 4(1) of the Act was published on 19.12.2007. In compliance with the order passed by this Court in W.P.No.3190 of 2008, though the enquiry under Section 5-A of the Act was held, no further steps were taken. However, as the respondents were interfering with the possession of the petitioner, he had earlier filed W.P.No.5416 of 2009 and the said writ petition was withdrawn on 06.04.2010 in view of the assurance given by the respondents in their counter affidavit that the petitioner would not be dispossessed without passing an award. Alleging that the respondents were attempting to dispossess the petitioner without passing any award, the present writ petition is filed to declare the action of the respondents as arbitrary and illegal. It is contended in the writ petition that though the petitioner submitted his objections during 5-A enquiry, the 3rd respondent did not enquire into the objections. Moreover, declaration under Section 6 of the Act was not published in the news paper having largest circulation as required under the provisions of the Act. It is also alleged that except serving the notice under Section 9 (3) and Section 10 of the Act, no further enquiry was held by the 3rd respondent–Land Acquisition Officer. On the said grounds, the petitioner seeks to declare the impugned acquisition itself as arbitrary and illegal. In the counter affidavit filed on behalf of the respondents, it is stated that the award was already passed on 05.10.2010 following due process of law. The allegations in the writ petition that the respondents failed to conduct Section 5-A enquiry properly and there was no proper publication of Section 6 declaration have been denied and it is stated that the possession of the land in question was also taken on 20.04.2010. I have heard the learned counsel for the petitioner and the learned Government Pleader for Land Acquisition appearing for the respondents. As could be seen, the petitioner had earlier filed W.P.No.5416 of 2009 in which the respondents filed a counter denying the allegations made by the petitioner. Admittedly, the said writ petition was dismissed as withdrawn. Hence, it is not open to the petitioner to re-agitate the very same issues relating to the validity of the acquisition. It is also relevant to note that an award was already passed on 05.10.2010 and the possession was also taken by the respondents. Hence, the acquisition cannot be challenged on any ground whatsoever at this stage. Accordingly, the writ petition is hereby dismissed. No costs. ______________ G. ROHINI, J. Date: 05.09.2011 Dvs/Klp THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No.15436 OF 2010 Dated:05.09.2011