IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION No. 14498 of 2009 Between: Kakara Prasada Rao S/o. Someswara Rao R/o. Polamuru Village, Penumantra Mandal, West Godavari District. ..... PETITIONER AND 1 The District Collector West Godavari District at Eluru. 2 The Revenue Divisional Officer cum Land Acquisition Officer Kovvur, West Godavari District. 3 The Tahsildar Penumantra Mandal West 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 may be pleased to issue appropriate writ or order or direction more particularly one in the nature of writ of mandamus declaring action of the respondents in taking steps to lay the road through the lands of the petitioner in an extent an extent of Ac.2.47 cents of land in Sy.No. 157/5 and an extent of 0.50 cents in Sy.No. 157/4 situated at Polamuru Village, Penumantra Mandal, West Godavari District without following due process of law as illegal, arbitrary and in violation of Art.14, 21 and 300A of the Constitution of India and consequently direct the respondents not to dispossess the petitioner from the above mentioned land without initiating the proceedings under Land Acquisition Act in the interest of justice. Counsel for the Petitioner: SRI K.VENKATESH Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following : THE HON’BLE SRI JUSTICE N.V.RAMANA WRIT PETITION No.14498 of 2009 ORDER: Questioning the action of the respondents in taking steps to lay the road through the lands of the petitioner in an extent of Ac.2.47 cents in Sy.No.157/5 and an extent of 0.50 cents in Sy.No.157/4 situated at Polamuru village, Penumantra Mandal, West Godavari District, without following the due process of law, the present writ petition is filed by the petitioner. Today, when the matter came up for hearing, the learned Government Pleader for Land Acquisition appearing for the respondents submits that he received a letter, dated 22.07.2009, addressed by the 2nd respondent-Revenue Divisional Officer of Kovvur, wherein it is clearly stated that no land acquisition proceedings are initiated for acquisition of land in R.S.No.157/4 & 5 of Polammuru village, belonging to the petitioner, and that no instructions were issued to Tahsildar, Penumantra, to take possession or to initiate land acquisition proceedings in the said survey numbers, and a copy of the said letter has also been placed before this Court. Recording the aforesaid submission of the learned Government Pleader, the writ petition is closed. No order as to costs. ______________ N.V.RAMANA,J 28.07.2009 v v