IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 15291 of 2008 Between: Sri Mekala Subhakar S/o Devadas, R/o Two Worlds Children Home Regd. Under the Societies Act, vide Regd. No. 2943/2000 of Avasomavaram Village, Kondakarla Post, Atchutapuram mandal, Visakhapatnam. ..... PETITIONER AND 1 The District Collector, East Godavari at Kakinada. 2 The Land Acquisition Officer, & Revenue Divisional Officer, Kakinada, East Godavari 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(S) more particularly, one in the nature of Writ of Mandamus by declaring the land acquisition proceedings initiated against the petitioners lands pursuant to the notification issued U/s. 4(1) of the Land Acquisition Act bearing Ref. No. G1/1516/2008, dt 04-06-2008, for acquisition of land an extent of Ac. 2-34 cents in sy. Nos. 213/4, 213/5 and 218/1, situated at Peddada Village, Pedapudi Mandal, Kakinada, East Godavari District, and also calling for objections U/s. 5-A in form 3 vide Ref. No. G1/474/2008, dt 06-2008 as illegal, arbitrary, liable to be set a side and consequently to drop all further proceedings against the petitioner lands, in this regard and pass such other order or orders. Counsel for the Petitioner: MR.SATISH DESHPANDEY Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 15291 of 2008 O R D E R: By notification dated 04-06-2008 published under section 4(1) of the Land Acquisition Act, 1894, (for short ‘the Act’) certain extents of land situated in Peddada village, Pedapudi Mandal, East Godavari District are sought to be acquired for a public purpose namely providing house sites under Indiramma Programme. It is stated that though the petitioner is the owner and possessor of the lands situated in Sy.Nos. 213/4, 213/5, 218/1, his name was not shown in the notification and the names of one Smt. B.Varalakshmi and K.Satyavathi were shown as owners. Even the notices under Section 5-A of the Act were served on them. Having come to know about the same, the petitioner submitted his explanation on 18-06-2008. The grievance of the petitioner is that since his name is not shown in the notification under Section 4(1) of the Act, the respondents are not considering his objections and proceeding to make the declaration under Section 6 of the Act. Having regard to the fact that the petitioner herein claims to be a person interested and has already raised his objections on 18-06-2008, without expressing any opinion as to the title claimed by the petitioner, the writ petition is disposed of with a direction to the respondents to consider the objections raised by the petitioner dated 18-06-2008 and pass appropriate orders in accordance with law. Till such orders are passed and the further steps are taken as provided under law, the respondents shall not interfere with the possession of the petitioner. No costs. ______________ G. ROHINI,J Date: 16-07-2008 Note: Issue C.C. in two days. B/o KLP