IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 22948 of 2008 Between: Subash Neemkar, s/o. Sharpaji Rao Neemkar, R/o. 7-1-276, Neemkarnagar, Sanathnagar, Hyderabad. ..... PETITIONER AND 1 Government of Andhra Pradesh, Revenue Department - Rep by Collector, Hyderabad District. 2 The Special Deputy Collector, Land Acquisition, Greater Hyderabad Municipal Corporation, Hyderabad. 3 The Greater Hyderabad Municipal Corporation, Town Planning Section, Circle 'X' Khairatabad, Hyderabad. .....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 a writ, order or direction, more particularly a writ in the nature of Writ of Mandamus declaring the action of the 1st respondent i.e. the Collector, Hyderabad in issuing notiﬁcation under 4(1) of the Land Acquisition Act in No. B/1170/2008, dated 29-9-2008 in Form-2A indicating the name of the petitioner at Sl.No. 4 admeasuring an extent of 867.16 square yards in Door No. 7-1-276/B/14 to which the petitioner is totally unconnected, as bad, arbitrary, oppose to law and the petitioner herein prays that the same may be quashed. Counsel for the Petitioner:MR.M.VIDYASAGAR Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following : ORDER: The District Collector, Hyderabad, published a notiﬁcation, dated 22.09.2008, under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’), proposing to acquire 1154 square yards of land, pertaining to diﬀerent owners, for the purpose of widening of the road at Suprabathnagar, Balkampet, Hyderabad. The petitioner was served with a notice in the enquiry under Section 5-A of the Act. He claims to be the owner of premises, bearing No.7-1-276. He contends that though his name is mentioned in the notification under Section 4(1) of the Act, his premises are not included in it. He submits that the respondents cannot proceed with against his property, under the impugned notiﬁcation under Section 4(1) of the Act. Heard learned counsel for the petitioner and learned Government Pleader for Land Acquisition. The notiﬁcation issued under Section 4(1) of the Act would only disclose the intention on the part of the Government to acquire the extent of the land mentioned therein. Many a time, the description of the property, or the names of the owners, are mentioned, on the basis of the available information. During the course of enquiry under Section 5-A of the Act, or subsequent veriﬁcation, the correct facts and ﬁgures may come to knowledge of the authorities. Necessary corrections would be made, at the stage of issuing declaration under Section 6 of the Act. Even if the particulars mentioned in such a declaration are not correct, the aﬀected persons can certainly put forward their objections, or contentions, in the award enquiry. If the grievance still persists, the aggrieved parties can approach the civil Court, in the context of apportionment or identity of the land. In the instant case, the proceedings are at the initial stage. The name of the petitioner was indicated against the property mentioned as open land adjacent to premises No.7-1-276/1/B/14. Even assuming that the owner of the premises mentioned therein is diﬀerent, the objection raised by the petitioner is diﬃcult to be accepted, since what is proposed to be acquired is the open land adjacent to the premises and not the premises themselves. At any rate, the petitioner can verify the records and the maps in the oﬃce of the Land Acquisition Officer. The respondents have discharged their statutory and legal obligation by serving the notice on the petitioner also. Therefore, the Writ Petition is disposed of, leaving it open to the petitioner to require the full particulars of the alignment of the proposed road and to submit his objections, in case the property owned by him is sought to be acquired. There shall be no order as to costs. ____________________ Dt.21.10.2008 L.NARASIMHA REDDY, J Note: Furnish C.C. in three days. (B/o) GJ