HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.5590 of 2010 7th April 2010 Between: Pujari Chinna Narsimhulu … PETITIONER(S) and The Revenue Divisional Officer, Anantapur, Anantapur District and others … RESPONDENT(S) HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.5590 of 2010 ORDER: Heard Sri K.Srinivas, learned counsel for the petitioner, the learned Government Pleader for Land Acquisition, and Sri S.S.Varma, learned Standing Counsel for the National Highways Authority of India. At their request the writ petition is being disposed of at the stage of admission. The petitioner seeks a direction from this Court to declare the action of the respondents in trying to dispossess him from the land admeasuring Acs.6-00 in Sy.No.409 of Maruru village, Rapthadu Mandal, Anantapur District, as arbitrary and illegal. He claims to have purchased the land of Acs.6-00 in Sy.No.409 in the year 1988 and to be in peaceful possession thereof. Reference is made to a notification issued under Section 4(1) of the Land Acquisition Act and an award passed in award no.11/2007 on 18.07.2007 for acquisition of the petitioner’s land in Sy.No.409 for an extent of Ac.1-25 cents and to have also been paid compensation on 28.05.2007. While matters stood thus, the Joint Collector, Anantapur District, is said to have directed the second respondent, vide proceedings dated 12.01.2010, to acquire the land in connection with the construction of a Toll Plaza at KM.376 in Maruru Village of Rapthadu Mandal, Anantapur District, for an extent of Acs.12-02 cents and, on the basis of the direction of the Joint Collector, the second and third respondents had started digging on the petitioner’s land without initiating proceedings for acquisition of his land. Questioning the said action as arbitrary and illegal, the present writ petition is filed. The Learned Government Pleader for Land Acquisition, on instructions, would submit that the writ petition is premature as no proposals have as yet been received seeking acquisition of land for construction of a Toll Plaza. Learned Government Pleader would assert that the respondents would not interfere with the lawful possession of the petitioner without recourse to acquisition proceedings under the National Highways Act and would submit that neither would the petitioner be dispossessed nor would the respondents, in any manner, alter the nature of the land of the petitioner except after initiation of acquisition proceedings under the National Highways Act. In the light of the submission of the Learned Government Pleader the cause in the writ petition does not necessitate any further adjudication. The writ petition is disposed of directing the respondents not to interfere in any manner with the petitioner’s peaceful possession of an extent of Acs.6-00 in Sy.No.409 of Maruru village, Rapthadu Mandal, Anantapur District, without initiating acquisition proceedings under the National Highways Act. However, in the circumstances, without costs. _____________________________ RAMESH RANGANATHAN,J 7th April 2010 CVRK Note: Issue copy in ten days. B/o CVRK