IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GOPALAKRISHNA TAMADA Writ Petition No.7309 of 2008 Between: Kilaru Rama Mohana Rao, s/o late Kondalcharyulu, Hindu, r/o Penamaluru (V&M), Krishna District. ... PETITIONER AND 1. The Government of Andhra Pradesh, rep. by its Principal Secretary, Land Acquisition Department, Secretariat, Hyderabad. 2. The District Collector, Krishna District at Machilipatnam. 3. The Revenue Divisional Officer-cum-Land Acquisition Officer, Vijayawada, Krishna District. 4. The Mandal Revenue Officer, Penamaluru (M), Krishna 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 may be pleased to issue a writ or order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ, declaring the action of respondents in acquiring the petitioner's land admeasuring Ac.1.40 cents in Survey No. 231/1 of Penamaluru (V&M) of Krishna District, vide notification in Ck's RCG4/176/2007, dated 24- 01-2007, despite the fact that alternative Government lands available for the same purpose and in conducting 5(A) enquiry without there being any opportunity of being heard, as illegal, arbitrary, violation of constitutional provisions, contrary to the spirit of Section 5 (A) of Land Acquisition Act, 1894 and against all cannons fair play and natural Justice and consequently set-aside the notification in Ck's RCG4/176/2007, dated 24-01-2007 and consequential proceedings dated 21-03-2008 in Rc.G4/176/2007 and to pass such other orders. Counsel for the Petitioner: Mr. SITA RAM CHAPARLA Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following: ORDER: - When the matter was taken on 03-04-2008, learned Government Pleader for Land Acquisition took notice on behalf of respondents and sought time to get instructions, accordingly the matter is adjourned to get instructions. Today when the matter is taken up for hearing, learned Assistant Government Pleader on instructions submitted that there are proposals to withdraw the land in question from acquisition and produced a copy of the said proposals received by her from the Land Acquisition Officer. After perusal of the said draft proposals, this Court is thoroughly satisfied that the land under acquisition is no more required for the purpose for which, notification under Section 4(1) of the Land Acquisition Act, 1894 (for short, ‘the Act’) was issued. As there are proposals with regard to the withdrawal of the land in question from acquisition, the Land Acquisition Officer, who is arrayed as respondent No.3 is hereby directed to issue notification under Section 48(1) of the Act withdrawing the lands in question from acquisition. 2. Accordingly, the writ petition is disposed of at the stage of admission. No order as to costs. ________________________________ JUSTICE GOPALAKRISHNA TAMADA Dt.17-04-2008 GLV ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER Copy to: 1. The Principal Secretary, Government of Andhra Pradesh, Land Acquisition Department, Secretariat, Hyderabad. 2. The District Collector, Krishna District at Machilipatnam. 3. The Revenue Divisional Officer-cum-Land Acquisition Officer, Vijayawada, Krishna District. 4. The Mandal Revenue Officer, Penamaluru (M), Krishna District. 5. 2CCs to 6. 2CD copies Form-NIC-OGS/WP{SPJS}