IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 4935 of 2008 Between: 1 Juncula Ailaiah S/o.Pedda Komuraiah R/o.Purigutta Komatpalli Hasanparthi Mandal, Warangal District 2 Eedi Venkata Ramana S/o.Ganga Raju R/o.Gokul Nagar Hanamkonda, Warangal, Warangal District 3 Kaluvala Madhukar S/o.Rangaiah, R/o.H.No.2-4-124, T.V.Tower Gandhinagar, Hanamkonda, Warangal, Warangal District 4 Indla Uppalaiah S/o.Rajaiah, R/o.H.No.2-9-341/1 Snehanagar colony Hanamkonda , Warangal , Warangal District 5 Gunti Bhaskar S/o.Veeraiah, R/o.H.No.5-11-1095/B,Pochammakunta Hanamkonda, Warangal, Warangal District ..... PETITIONER(S) AND 1 The Integrated Tribal Development Agency, Eturunagaram village and Mandal, Warangal District, rep.by its Project officer 2 The District Collector, Warangal, Warangal District .....RESPONDENT(S) 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 or order or direction more particularly one in the nature of writ of mandamus declaring the action of respondents in seeking to acquire the land of the petitioners to an extent of 161.11 sq.yds Ac.0.40 guntas Ac.0.02 guntas Ac.0.02 guntas and Ac.0.02 guntas respectively covered by Sy.No.877(Old) 830/B (New) situated at Waddepalli Revenue village and within the limits of Komatpalli Gram panchayat , Hanamkonda Mandal, Warangal District for the purpose of construction of Hostel buildings without initiating proceedings under the Land Acquisition Act nor paying compensation for the value of the said lands as the same is illegal, arbitrary, and consequently direct the respondents not to proceed with the construction of Hostel building in the lands as aforesaid belonging to the petitioners without following due process of law. Counsel for the Petitioners: MR.A.PRABHAKAR RAO Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : Form-NIC-OGS/WP{TRK} O R D E R:- This writ petition is filed seeking a mandamus to declare the action of the respondents in seeking to acquire various extents of the petitioners’ lands situated in Waddepalli Revenue village for the purpose of constructing Hostel buildings, without initiating proceedings under the Land Acquisition Act nor paying compensation for the value of those lands, as arbitrary and illegal. The petitioners assert that they purchased various extents of lands admeasuring 161.11 square yards, Ac.0.04 gts., Ac.0.02 guntas, Ac.0.02 guntas and Ac.0.02 guntas respectively in S.No.877 (old), 830/B (new), situated in Waddepalli Revenue village, Komatapalli Gram Panchayat, Hanamkonda Mandal, Warangal District from pattedars. Now, their grievance is that the respondents-authorities are trying to dispossess them stating that those lands are required for the purpose of constructing hostels. Heard Sri A.Prabhakar Rao, learned counsel for the petitioners, the learned Government Pleader for Social Welfare appearing for the 1st respondent and the learned Government Pleader for Land Acquisition appearing for the 2nd respondent. If the respondents propose to acquire the lands belonging to the petitioners for any purpose, they have to initiate proceedings under the Land Acquisition Act, 1894 or if it is presumed that the petitioners are encroachers, even then, they are entitled to notice under the provisions of the Land Encroachment Act. Inasmuch as no notice/proceedings of such nature were issued, the respondents are hereby directed not to dispossess the petitioners from their lands without following due process under law. With the above direction, the writ petition is disposed of. No costs. ________________ 12.03.2008 Note: Furnish copy in two days B/o bcj