IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.4996 of 2008 Between: Kalapala Siva Rama Krishna S/o Koteswara Rao R/o H. No. 6-110, Kolavennu road, Opp: Ammavari Temple, Punadipadu Village, Kankipadu Mandal, Krishna District. ..... PETITIONER AND 1 State of Andhra Pradesh rep by its Secretary Revenue (Land Acquisition) Department, Secretariat, Hyderabad. 2 The District Collector, Krishna District at Machilipatnam. 3 The Land Acquisition Officer- Assistant Collector, Vijayawada, Krishna District. 4 Tahsildar, Kankipadu mandal Krishna District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to issue a Writ or Order or direction, more particularly one in the nature of Writ of Mandamus declaring the Notification dt 15- 12-2007 Under Section 4 (1) of the land Acquisition Act issued by the respondents and the orders of the 1st respondent passed under section 5-A of the Act dated 25-01-2008 in respect of the land in Sy.No. 68/1 Admeasuring ac. 2-57 cents situated at kankipadu Village, and mandal, Krishna District as being illegal, arbitrary and violative of Article 300-A of the Constitution of India and consequently to set a side the same as illegal and arbitrary and to pass such other order or orders as this Hon'ble Court deems fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.P.SRI RAGHU RAM Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.4996 of 2008 ORDER: This writ petition is filed questioning the notification dated 15.12.2007 issued by the respondents under Section 4(1) of the Land Acquisition Act, 1894 (for short “the Act”), proposing to acquire the land of the petitioner admeasuring Acs.2.57 cents in Sy.No.68/1, situated at Kankipadu village in Krishna District, and the consequential order of the first respondent dated 25.01.2008 passed under Section 5-A of the Act. Heard the learned counsel for the petitioner and the learned Government Pleader for Land Acquisition. The main contention of the learned counsel for the petitioner is that when the objections filed by one V.Yedukondalu, whose land was also sought to be acquired along with the land of the petitioner, were rejected by the respondents, he filed W.P.No.2809 of 2008 before this Court and this Court, by order dated 19.02.2008, directed the Land Acquisition Officer to reconsider the objections of the petitioner therein with reference to availability of Government lands and pass appropriate orders afresh. The learned counsel has drawn my attention to the order dated 25.01.2008 passed by the third respondent, whereby the objection of the petitioner with regard to availability of Government vacant lands was rejected simply stating that suitable government land is not available. Therefore, the learned counsel requests to allow this writ petition also in similar lines. Admittedly, petitioner did not specify the survey number or other details of the suitable vacant Government land available for the purpose of providing house sites to weaker sections. He simply alleges that the Land Acquisition Officer is taking possession of his without acquiring the Government land. When the objection is so vague, in my considered view, the third respondent has rightly rejected the said objection, by his order dated 25.01.2008, stating that there is no suitable government land available in the village for providing house sites to weaker sections of the village and hence, private land is proposed for acquisition. However, as this Court entertained W.P.No.2809 of 2008, filed by one Yedukondalu and directed the respondents to reconsider the case of the petitioner therein, this Court does not want to differ with the said view. Accordingly, the writ petition is disposed of directing the respondents to reconsider the objection raised by the petitioner only with regard to the alleged availability of other vacant lands of the Government in the village, and pass appropriate orders within a period of two weeks from today. There shall be no order as to costs. __________ 10.03.2008 Note: Furnish C.C. in two days. (B/o) Sh