THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P.NO.26224 OF 2006 O R D E R Heard both the counsel. 2. This writ petition is filed to declare the notification in ROC No.F5/SW/207/2006 dated 13.08.2006 issued for acquiring the land of the petitioner to an extent of Ac.0-77 cents of dry land in Sy.No.257and Ac.1-59 cents of wet land in Sy.No.258 of Pattempalem village, Tadepalligudem (M), West Godavari District, as arbitrary and illegal and consequently to drop the said notification. 3. The case of the petitioner as stated in the affidavit filed in support of the writ petition is that he is the owner of the land in question and the Government issued notification dated 13.08.2006, for acquiring the land for providing house sites to the weaker sections. Now the grievance of the petitioner is that he has not received any notice under Sections 4(1), 5 and 6 of the Land Acquisition Act and further, his lands are not feasible for providing houses and on the other hand, there are Government lands in the surrounding locality, which are suitable for providing house sites and in the writ affidavit, he has mentioned the survey numbers and the extents. With these averments, he sought to set aside the notification dated 13.8.2006. 4. The respondents filed counter affidavit and sought to dismiss the writ petition. 5. The Assistant Government Pleader for Land Acquisition, on instructions submitted that the Tahsildar, Tadepalligudem filed report stating that the Government lands are available in R.C.No.188, admeasuring Ac.1- 10 cents suitable for providing house sites to the beneficiaries and that there is no necessity to acquire private land in the village for providing house sites. To this effect, the Assistant Government Pleader, produced letter addressed by the Revenue Divisional Officer, Eluru in Roc.No.732/2006 (B) dated 24.1.2001, to the Government Pleader for Land Acquisition, High Court of A.P., Hyderabad. The said letter is taken judicial notice and the relevant portion of the letter is extracted as under for better appreciation: “I submit that the Tahsildar, Tadepalligudem has reported that on further verification of the Govt. lands he found that there is a Govt. land is available in R.S.No.188 measuring Ac.1-10 cents and it is suitable for providing house sites. In this connection, I submit that the decision has to be taken after verifying the report of the Tahsildar.” 6. As per the report of the Tahsildar, Tadepalligudem, as alternate Government Land is available for providing house sites, I am of the considered view, the notification dated 13.8.2006 needs to be set aside, leaving it open to the respondents to take appropriate action in the light of the report of the Tahsildar, Tadepalligudem. 7. Accordingly, the impugned notification dated 13.8.2006 is set aside and respondents are at liberty to take appropriate action in accordance with law, in the light of the report of the Tahsildar, Tadepalligudem, West Godavari District. 8. Writ petition is accordingly disposed of. No costs. AVS ------------------------------- 08—02—2011