HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.4468 of 2006 Date : 19.10.2010 Between : Mohammed Abu Ayub & another. …..Petitioners And The District Collector, Ranga Reddy District & another. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.4468 of 2006 ORDER : Though interlocutory matters are listed for hearing, at the request of learned counsel for the parties, the writ petition itself is taken up for hearing. In the writ petition, the petitioners, who claim to be the owners of plot Nos.1 and 4 in Sy.No.64, admeasuring 511 sq. yards, situated at Gachi Bowli village of Seri Lingampalli Mandal in Ranga Reddy District, seek directions by way of Mandamus, declaring the action of respondents in forcibly acquiring the said plots without invoking the provisions under the Land Acquisition Act, 1894, as illegal and arbitrary. In the counter affidavit filed by the 2nd respondent- Commissioner of Police, it is stated that the 2nd respondent has requisitioned for alienation of patta lands admeasuring 18 gts. in Sy.No.62/02, 26 gts. in Sy.No.26/2, 2 gts. in Sy.No.63/3, 24 gts. in Sy.No.64 and 36 gts. in Sy.No.65, for construction of newly sanctioned Cyberabad Commissionerate at Gachi Bowli village of Seri Lingampally Mandal. It is further stated in the counter that pursuant to the said requisition, proceedings were initiated under Land Acquisition Act and the Government of Andhra Pradesh has approved the Draft Notification under Section 4(1) of the Land Acquisition Act, vide G.O.Rt.No.568, dated 23.04.2004, and Memo No.1680/PSC/A1/ 2004-2, dated 24.04.2004. It is also stated that after acquisition of lands, above said lands were delivered possession to the 2nd respondent, including the land admeasuring 24 gts. in Sy.No.64, wherein, the petitioners herein are claiming to have got their plots. From the counter affidavit filed on behalf of respondent No.2, it is clear that the land admeasuring about 24 gts. in Sy.No.64, is already acquired along with some other lands for the purpose of constructing the building for Cyberabad Commissionerate. In that view of the matter, it cannot be said that the respondents are taking possession of land illegally without initiating proceedings under the Land Acquisition Act. If the petitioners are owners of land, it is open for them to claim compensation by filing appropriate application before the Land Acquisition Officer, who passed the Award pursuant to the acquisition proceedings with regard to the land in Sy.No.64. However, in view of the said acquisition proceedings, no relief can be granted as prayed for in this writ petition. Granting liberty to the petitioners to pursue the claim for compensation with regard to the plots owned by them in Sy.No.64, this writ petition is dismissed. No order as to costs. ______________________ R. SUBHASH REDDY, J 19th October 2010 ajr