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.8076 of 2008 Between: Gajjala Vijaya Bhaskar Reddy S/o.Bala Venkata Reddy R/o.7/247-3-N-NGO Colony,Kadapa Town and Mandal, Kadapa District ..... PETITIONER AND 1 The State of Andhra pradesh, rep. by its District Collector, Kadapa District ,Kadapa. 2 The Revenue Divisional Officer, Kadapa Kadapa District. 3 The Tahsildar, Kadapa Mandal,Kadapa District. 4 District Co-operative Central Bank, rep.by its Manager, Kadapa, Kadapa 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 an appropriate order or direction more particularly one in the nature of writ of mandamus declaring the highhanded action of the respondents in seeking to take the possession of the land in an extent of Ac.5.00 cents in Sy.No.424/4 of Chinnachowk village fields,Kadapa District belongs to the petitioner for the purpose of Rajiv Swagruha Housing Scheme without initiation of the Land Acquisition Proceedings as arbitrary, illegal, and contrary to the procedure envisaged under the provisions of the Land Acquisition Act, 1894 apart from being violative of fundamental and Constitutional rights guaranteed to the petitioner under Articles, 14,21 & 300-A of the Constitution of India and consequently direct the respondents to follow due process of law if the land in an extent of Ac.5.00 cents in SY.No.424/4 of Chinnachowk village fields Kadapa District belongs to the petitioner is required for public purpose. Counsel for the Petitioner:MR.V.R.REDDY KOVVURI Counsel for the Respondent Nos.1 to 3: GP FOR LAND ACQUISITION Counsel for the Respondent No.4 : Smt.G.Kavitha The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.8076 of 2008 ORDER: Petitioner seeks to assail the action of respondents 1 to 3 in trying to take possession of his land to an extent of AC.5.00 in Sy.No.424/4 of Chinnachowk village of Kadapa Mandal and District, without following due process of law. It is the case of the petitioner that he purchased the land in question in the auction conducted by the 4th respondent on 02.12.1996 in E.P.No.334 of 1994-95, and 4th respondent also, by his proceedings dated 17.01.1997, confirmed the sale in his favour. Thereafter, respondents 1 to 3 have identified the land in question and other lands in and around Chinnachowk village for construction of houses under Rajiv Swagruha Housing Scheme. It is his grievance that without following due process of law and without issuing any notification under Section 4(1) of the Land Acquisition Act, 1894, the respondents are trying to evict him from the land in question. Hence, this writ petition. Heard the learned counsel for the petitioner, learned Assistant Government Pleader for Land Acquisition, appearing on behalf of respondents 1 to 3, and also the learned Standing Counsel appearing on behalf of the 4th respondent. When it is established that petitioner is the absolute owner of the land in question, it is needless to observe that his land cannot be acquired without recourse to the provisions of the Land Acquisition Act, irrespective of the purpose for which it is required. Therefore, the writ petition is disposed of directing the respondents to follow due process of law and initiate necessary proceedings for acquiring the land of the petitioner. There shall be no order as to costs. _________ 17.04.2008 Note: Furnish C.C. in one week. (B/o) sh To 1 The District Collector, State of Andhra Pradesh, Kadapa District ,Kadapa. 2 The Revenue Divisional Officer, Kadapa Kadapa District. 3 The Tahsildar, Kadapa Mandal,Kadapa District. 4 District Co-operative Central Bank, rep.by its Manager, Kadapa, Kadapa District. 5. Two C.Cs to 6. Two C.D. copies.