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 : 15290 of 2008 Between: Kokku Vasantha D/o.Balasubrahmanyam Setty R/o.old No.36, New No.142, Rasappachetty STreet Park Town, Chennai ..... PETITIONER AND 1 The State of Andhra Pradesh, Department of Energy rep.by its Government of Special Chief Secretary, Hyderabad 2 The Revenue Divisional Officer and Land Acquisition Officer, Nellore .....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 an appropriate writ order or direction more particularly in the nature of writ of mandamus declaring the impugned notification under section 4(1) of Land Acquisition Act bearing G.O.Rt.No.75 of 2008 dated 5.3.2008 issued by the respondents herein is contrary to the Draft Notification bearing RC.B1/4994/2006 dated 8.1.2007 under Sec.6 of Land acquisition Act 1894 issued by the district collector, Nellore for acquisition of the agricultural land of the petitioner as arbitrary, illegal, capricious and violative of mandatory provisions of land acquisition act and consequent set aside the said notification. Counsel for the Petitioner: MR.SAI GANGADHAR CHAMARTY Counsel for the Respondent No.: GP FOR ENERGY The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 15290 of 2008 O R D E R: This writ petition is filed seeking a declaration that the notification dated 05-03-2008 made under Section 4(1) of the Land Acquisition Act, 1894 acquiring Ac.0.92 cents of land situated in Sy.No.557 of Krishnapatnam village, Muthukur Mandal, Nellore District for public purpose namely Ultra Mega Power Project is arbitrary and illegal. The petitioner, who claims to be the owner and possessor of the land in question, pleaded that the land in question was earlier sought to be acquired vide notification dated 15-03-2007 for the very same public purpose and questioning the same, she filed W.P.No.4550 of 2007 in which interim stay of further proceedings pursuant to the said notification including the dispossession of the petitioner was granted by this Court. Since the said order is still in operation and the writ petition is pending, the petitioner contends that the fresh proposal for acquisition under the impugned notification is arbitrary and illegal. It is relevant to note that under the impugned notification, the enquiry under Section 5-A of the Act was proposed to be conducted and the Revenue Divisional Officer, Nellore was authroised for the said purpose. As a matter of fact, the petitioner has already submitted her objections on 08-05-2008 raising all the objections to the acquisition including that the proposed acquisition is unwarranted since the same was the subject matter of the earlier notification dated 15-03-2007. Since the enquiry is pending before the Revenue Divisional Officer and no order as such has been passed as on today, I am of the opinion that the interference by this Court at this stage is not warranted. Accordingly, while leaving it open to the respondents to consider the objections raised by the petitioner and to pass appropriate orders in accordance with law, the writ petition is disposed of with a direction to the respondents not to interfere with the possession of the petitioners in respect of the land in question, in any manner whatsoever, without following due process of law. No costs. ______________ G. ROHINI,J Date: 16-07-2008 Note: Issue C.C. in one week B/o KLP