THE HONOURABLE SRI JUSTICE P.S.NARAYANA THURSDAY, THE TWENTY SEVENTH DAY OF AUGUST, TWO THOUSAND AND NINE WRIT PETITION No. 15977 Of 2009 Between: Marisetti Satyanarayana and Others …Petitioner A N D The Land Acquisition Officer, The Revenue Divisional Officer, Jangareddigudem, West Godavari District and another …Respondents THE HONOURABLE SRI JUSTICE P.S.NARAYANA WRIT PETITION No. 15977 Of 2009 ORDER: This Court ordered notice before admission on 5-8-2009 and granted order of status quo for a period of four weeks. Respondent No.1 filed counter affidavit. 2. This writ petition is filed for a writ of mandamus declaring the action of the respondents 1 and 2 in not following due process of law contemplated under Land Acquisition Act and high handedly making attempts to take over the land of the petitioners to an extent of 11809 square yards in R.S.No. 243/1, Tirumalapuram village and ready to grant house pattas to the third parties, ignoring the advocate legal notice, dated 6-7-2009 of the petitioners, as illegal, arbitrary and violation of principles of natural justice and consequently direct the respondents not to dispossess the petitioners from their land and to pass such other suitable orders. 3. Several facts in detail had been narrated in the affidavit filed in support of the writ petition in paras 2 to 7. 4. Equally a counter affidavit in detail had been filed denying the certain averments in the affidavit filed in support of the writ petition. 5. A specific stand had been taken in para 6 of the counter affidavit that if the Government land is not available then question of acquiring the private land arises. While the Government lands are being identified, the petitioner presumed that his land is going to be acquired for grant of house site pattas. The question of identifying the lands of big ryoths as mentioned by the petitioner will arise only when the Government land is not available in the village. The land in R.S.No.243/1 of Thirumalapuram village stands classified as village site. Further it is stated that respondent had not taken any action to initiate Land Acquisition proposals in R.S.No. 243/1 of Thirumalapuram village in para 9 of the counter affidavit. 6. Whether the subject matter of the writ petition is the property of the petitioner or it is village site this aspect also can be decided at the appropriate stage. 7. In the light of the specific stand taken by the 1st Respondent that at present there is no proposal to acquire the land in question, the same is recorded and accordingly, the writ petition is hereby closed for the present. No order as to costs. It is needless to say that the writ petitioner is at liberty to avail appropriate remedy at the appropriate stage. _____________________ Justice P.S.Narayana 27th August, 2009. KM THE HONOURABLE SRI JUSTICE P.S.NARAYANA WRIT PETITION No. 15977 Of 2009 27th August, 2009.