THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.4952 of 2001 25.2.2008 Between: Kancharla Kousalya Devi, W/o.Venkat Reddy … Petitioner and Government of Andhra Pradesh, represented by The District Collector, Nalgonda District, Nalgonda And others … Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.4952 of 2001 ORDER: Petitioner is resident of Nalgonda Town. He is owner of land admeasuring Acs.1.19 gts in survey No.516 and Acs.2.05 gts in survey No.517 situated at Gollaguda village in Nalgonda District. The District Collector, Nalgonda, issued notification under Section 4(1) of the Land Acquisition Act, 1894 (the Act, for brevity) proposing to acquire this land for the public purpose, namely, for extension and improvement of outdoor stadium at Gollaguda. In purported exercise of power under Section 17(4) of the Act, enquiry under Section 5A of the Act was dismissed and declaration under Section 6 of the Act was issued on 31.1.2001. At that stage, petitioner filed instant writ petition assailing notification under Section 4(1) of the Act. Mainly it is contended that exercise of power under Section 17(4) of the Act is illegal and that substance of notification under Section 4(1) of the Act is not published, rendering declaration under Section 6 of the Act is invalid. A counter affidavit is filed by second respondent opposing writ petition. It is also admitted that substance of notification is not published in local area. At the time of hearing writ petition, learned Standing Counsel for Nalgonda Municipality, at whose instance the land was sought to be acquired, is placed before this Court letter No.G1/18339/99, dated 19.3.2005, wherein District Collector stated as below. I invite your attention to the reference cited and to inform that the proposals submitted by the RDO/LAO, Nalgonda, for approval of DN & DD for acquisition of the lands to an extent of Ac.3.16½ in survey No.516, 517, 518, 519, 536, 537 and 538 situated at Gollaguda (V) at Nalgonda, has been approved by the District Collector vide reference cited. But same has not published in the prescribed manner under the LA Act. The provisions of the Section 17(4) of the Act, has not been followed and substances of notifications has also not published as required within (40) days from the date of its approval. Further possession of land has not been taken. The notifications issued in the above case is already completed (4) years. The Commissioner of Municipality Nalgonda has reported vide reference 7th cited, that the another site proposed for construction of swimming pool has selected on the south side of indoor stadium near Municipal Park and also requested that the L.A. proposals for construction of swimming pool etc., in Sy. No.516, 517, 518, 519, 536, 537 & 538 to an extent of Ac.3.16½ gts, Gollaguda be dropped. In view of circumstances as reported by the Commissioner of Municipality, Nalgonda, it is decided to drop further action in L.A. case and the Revenue Divisional Officer/LAO, Nalgonda is requested to take further action for dropping the L.A. proposal in respect of land to an extent of Ac.3.16½ in Sy. No.516, 517, 518, 519, 536, 537 & 538 situated at Gollaguda (V) of Nalgonda (M). The RDO/LAO is also requested to refund the amount deposited in the above L.A. proposal. The above letter is made part of the record. As per the said letter, acquisition proceedings are not pending and they have been dropped. Therefore, the writ petition is disposed of. No costs. ______________ February 25, 2008 (V.V.S.RAO, J) YS