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 MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 8279 of 2008 Between: 1 Theegala Appala narsaiah Gupta, S/o late Chinna Venkata Ramanaiah R/o 7-137, Theegala Buildings, Kothavalasa, Vizianagaram District. 2 T.V. Ramanaiah S/o Late Chinna Venkata Ramanaiah R/o 7-137, Theegala Buildings, Kothavalasa, Vizianagaram District. 3 T. sesha Saila S/o t.a.N. Gupta R/o 7-137, Theegala Buildings, Kothavalasa, Vizianagaram District. 4 T.V.S..Murthy, S/o T.A.N. Gupta, R/o 7-137, Theegala Buildings, Kothavalasa, Vizianagaram District. 5 T. Subba Rao S/o T.V. Ramanaiah R/o 7-137, Theegala Buildings, Kothavalasa, Vizianagaram District. 6 Bhagwandas Bhararia, S/o Gulabchand Bhararia R/o Ponduru Road, Rajam Srikakulam district. ..... PETITIONER(S) AND 1 State of Andhra Pradesh, rep by its Secretary Revenue Land Acquisition Department, Secretariat Buildings, Hyderabad. 2 Revenue Divisional Officer, Vizianagaram. .....RESPONDENT(S) 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, one particularly in the nature of Writ of mandamus declaring the action of the Respondents in interfere in without possession and enjoyment of the lands in Sy. No. 88/1 of Dwarapudi Villge, Sy. No. 162/2, 162/3 162/4 and 162/5 of Kondakaram Village and Sy. No. 1/1 of KL Puram Village aggregating to Ac. 11-00 of Vizianagaram District by without following the procedure under Land Acquisition Act or any other law time being in force is arbitrary, illegal and violative of Article 300-A of Constitution of India and direct the Respondent to initiate steps under Land Acquisition act and pay compensation before taking possession of lands in sy. No. 88/1 of Dwarapudi Village, Sy. No. 263/2, 162/3, 162/4 and 162/5 Kondakaram Village and sy. No. 1/1 of K.L/ Puram Village Aggregating to Ac. 11-00 of Vizianagaram District and pass such other order or orders as this Honourable Court deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.K.SOMESWARA KUMAR Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following : THE HON’BLE MR. JUSTICE GOPALA KRISHNA TAMADA W.P.NO. 8279 OF 2008 ORDER: According to the petitioners, they are in possession and enjoyment of lands in Sy. No. 88/1 of Dwarapudi Villge, Sy. No. 162/2, 162/3 162/4 and 162/5 of Kondakaram Village and Sy. No. 1/1 of KL Puram Village aggregating to Ac. 11-00 of Vizianagaram District. As the said land has become dry land, they have applied for conversion of the said land into plots. The 2nd respondent-Revenue Divisional Officer also gave permission for such conversion. However, contrary to the said permission given by the 2nd respondent, he and his staff are entering into the lands and trying to dig trenches for the purpose of road widening and hence the petitioners approached this Court and filed the present writ petition with the following prayer, “The High Court may be pleased to issue a writ, order or direction, one particularly in the nature of writ of mandamus declaring the action of the Respondents in interfering with possession and enjoyment of the lands in Sy. No. 88/1 of Dwarapudi Villge, Sy. No. 162/2, 162/3 162/4 and 162/5 of Kondakaram Village and Sy. No. 1/1 of KL Puram Village aggregating to Ac. 11-00 of Vizianagaram District without following the procedure under Land Acquisition Act or any other law time being in force is arbitrary, illegal and violative of Article 300-A of Constitution of India and direct the Respondent to initiate steps under Land Acquisition Act and pay compensation before taking possession of lands in sy. No. 88/1 of Dwarapudi Village, Sy. No. 263/2, 162/3, 162/4 and 162/5 Kondakaram Village and sy. No. 1/1 of K.L/ Puram Village aggregating to Ac. 11-00 of Vizianagaram District and pass such other order or orders as this Honourable Court deem fit and proper in the circumstances of the case.” Heard learned counsel for the petitioners as well as the learned Government Pleader for Land Acquisition. When it is alleged that the petitioners are absolute owners of the land and if the said land is required for a public purpose for road widening, the same can be done only in accordance with the provisions of the Land Acquisition Act i.e., acquiring the land and paying the compensation. As it is stated by the learned counsel for the petitioners that the petitioners’ land is being acquired without initiating any land acquisition proceedings, the respondents are hereby directed to initiate land acquisition proceedings if they choose to acquire the said land for a public purpose. The writ petition is accordingly disposed of at the stage of admission. ____________________________ GOPALA KRISHNA TAMADA, J Dt.17.4.2008 KR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 State of Andhra Pradesh, rep by its Secretary Revenue Land Acquisition Department, Secretariat Buildings, Hyderabad. 2 Revenue Divisional Officer, Vizianagaram. 3 CCs to GP for Land Acquisition, 4.2CD copies Form-NIC-OGS/WP{TRT}