IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE BILAL NAZKI WRIT PETITION NO : 3701 of 1995 Between: 1 Thummala Radhakrishna murthy S/o.T.Kotaiah Kothamajeru Challapalli Mandal Krishna Dist. 2 Mandava Umamaheswara Rao S/o.venkaa Basavaiah Kothamajeru Challapalli Mandal Krishna Dist. 3 Yenugu Yedukondalu S/o.Panduranga Rao Kothamajeru Challapalli Mandal Krishna Dist. 4 Shakamuri Shivaprasad S/o.Jaganmohan Rao Kothamajeru Challapalli Mandal Krishna Dist. 5 Shakamuri Venkatachalapathi Babu S/o.Jaganmohan Rao Kothamajeru Challapalli Mandal Krishna Dist. 6 Talupula Reddaiah S/o.Seethaiah Kothamajeru Challapalli Mandal Krishna Dist. 7 Yenugu Panduranga Rao S/o.Rathaiah Kothamajeru Challapalli Mandal Krishna Dist. 8 Chopparapu Brahmaiah S/o.Appaiah Kothamajeru Challapalli Mandal Krishna Dist. 9 Talupula Adiseshaiah S/o.Subbaiah Kothamajeru 10 Gottipati Kutumba Rao S/o.Venkateshwar Rao Kothamajeru 11 Thammana Prayaga Madhava Rao S/o.Sathyanarayana Yendakuduru Ghantasala Mandal Krishna Dist. ..... PETITIONERS AND 1 Collector, Krishna, Chilakalapudi Machilipatnam, Krishna Dist. 2 Chief Engineer, Cyclone Engineering Reconstruction Project(CERP), Dowleshwaram, Rajahmundry, E.G.Dist. 3 Executive Engineer, CERP Division AVANIGADDA, Krishna Dist. 4 Deputy Executive Engineer CERP. Sub-Division Challapalli Post Krishna Dist. 5 Superintendant Engineer CERP Circle, ELURU, W.G.Dist. 6 Mandal Revenue Officer Challapalli, Krishna Dist. 7 Mandal Revenue Officer Ghantasala Mandal, Krishna Dist. 8 Revenue Divisional Officer Chilakalapudi, Machilipatnam Krishna Dist. .....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 declaring the action of the respondents in trying to take possession of the lands without following procedure contemplated under the provisions of the Land Acquisition Act as bad, illegal and un-constitutional. Counsel for the Petitioners:MR.T.JAGDISH Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following ORDER: Notification under Section 4(1) of the Land Acquisition Act, 1894(for short ‘the Act’) with respect to the suit land was issued on 23.11.1993. Till 28.02.1995, no further steps were taken for acquisition of land. Notice under Section 5 or 6 of the Act was also not issued. Therefore, the petitioners filed the writ petition submitting that since notice under Section 6 of the Act was not issued within one year from the date the notice under Section 4(1) of the Act was issued, therefore, the land could not be acquired. No counter has been filed. Learned counsel appearing for the respondents, on instructions, submits that it is true that the notice under Section 6 of the Act was not issued within the statutory period, therefore, the land was not acquired. As, when and if the land is required by the State, they will issue fresh notification. In view of what has been stated above, the writ petition is allowed to the extent that the land shall not be acquired in pursuance of the notification issued on 23.11.1993. However, the respondents shall be at liberty to acquire the land after issuing fresh notification, if they so desire. No order as to costs. ----------------------- 04.11.2004 ksld To 1 Collector, Krishna, Chilakalapudi Machilipatnam, Krishna Dist. 2 Chief Engineer, Cyclone Engineering Reconstruction Project(CERP), Dowleshwaram, Rajahmundry, E.G.Dist. 3 Executive Engineer, CERP Division AVANIGADDA, Krishna Dist. 4 Deputy Executive Engineer CERP. Sub-Division Challapalli Post Krishna Dist. 5 Superintendant Engineer CERP Circle, ELURU, W.G.Dist. 6 Mandal Revenue Officer Challapalli, Krishna Dist. 7 Mandal Revenue Officer Ghantasala Mandal, Krishna Dist. 8 Revenue Divisional Officer Chilakalapudi, Machilipatnam Krishna Dist. 9 Two CCs. to the G.P. for Land Acquisition, High Court of A.P(OUT). 10 Two CD copies.