THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.24501 of 2006 Dated 22nd June, 2011 Between: Yanumala Nrusimhalakshmi …Petitioner And District Collector, East Godavari District at Kakinada and others …Respondents Counsel for the petitioner: Sri T.V.S.Prabhakara Rao Counsel for respondents: GP for Land Acquisition The Court made the following: ORDER: At the interlocutory stage, the writ petition is taken up for hearing and disposal with the consent of the learned counsel for the parties. This writ petition is filed for the following substantive relief: “…to issue writ, order or direction, more particularly one in the nature of Writ of mandamus declaring Notification in Ref.No.G3/1974/2006, dated 22.09.2006, to acquire the land an extent of Ac.0.88 cents in Sy.No.124/2A of Kaleru Village, Kapileswarapuram Mandal, East Godavari District issued by the respondents as illegal, arbitrary, and contrary to the provisions of the Land Acquisition Act and also the provision of the Act 3 of 2006 and set aside the same, consequently directing the respondents not to dispossess the petitioner from the said land.” At the hearing, Sri T.V.S.Prabhakara Rao, learned counsel for the petitioner, fairly conceded that the issue raised in this writ petition, namely, that without converting the agricultural land for non- agricultural use, the land cannot be notified for acquisition, is no longer res integra in view of the judgment in R.Veera Raghava Prasad and others v. District Collector, Krishna District at Machilipatnam and another[1]. The learned counsel further submitted that during the pendency of this writ petition, declaration under Section 6 of the Land Acquisition Act, 1894 was issued, questioning which, the petitioner filed W.P.No.25373 of 2006. As the only ground, which was raised in this writ petition, is no longer available to the petitioner, the writ petition is dismissed following the ratio laid down in R.Veera Raghava Prasad (supra). The petitioner is, however, left free to pursue W.P.No.25373 of 2006 filed by her and dismissal of this writ petition is without prejudice to her interests in this regard. As a sequel to dismissal of the writ petition, interim order, dated 24.11.2006, shall stand vacated and W.P.M.P.No.31324 of 2006 and W.V.M.P.No.322 of 2007 are disposed of as infructuous. C.V.NAGARJUNA REDDY, J 22nd June, 2011 VGB [1] 2008(2) ALT 136