IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 27941 of 2008 Between: 1 Nali Seshaiah S/o. Lakshmaiah R/o.H.No.7/662/N3A, Cumbum Road, Markapur, Prakasam District. 2 Ch. Ramesh Kumar S/o. Pitchaiah R/o.H.No.7/662/N3A, Cumbum Road, Markapur, Prakasam District. 3 Perla Yogi Rama Krishna S/o. Venkateswarlu R/o.H.No.7/28-1, Vijaya Talkies Road, Markapur, Prakasam District. 4 P. Koteswari W/o. P. Venkateswarlu R/o.H.No.5/179, Naidu Street, Behind Bangaramma Temple, Markapur, Prakasam District. 5 P. Venkata Subba Rao S/o. Bala Subbaiah C/o. Tarun Fashion World, College Road, Markapur, Prakasam District. 6 P. Naga Ranga Lakshmi Devi W/o. Sree Ramulu C/o. R/o.H.No.9/99, Kasturibai Street, Opp. Sravani Hospital, Markapur, Prakasam District. 7 P. Rahim S/o. Peeramahammed C/o. R/o.H.No.6-366(F), Islampet, Opp. Kalvagattu, Markapur, Prakasam District. 8 K. Vengaiah S/o. Chinna Obaiah R/o.H.No.1-204-E-9, New Water Tank, Markapur, Prakasam District. 9 K. Subbarayudu S/o. Chinna Obaiah R/o.H.No.1-205-J-7, New Water Tank, Markapur, Prakasam District. 10 M. Gangaiah S/o. Venkata Subbaiah R/o. 7th Ward, 7/353 C, Markapur, Prakasam District. 11 M. Naga Lakshmi W/o. Gangaiah R/o.H.No.7/353-C, 7th Ward, New Water Tank, Markapur, Prakasam District. 12 Kalangi Amaraiah S/o. Narasaiah R/o. Chilakacherla Village, Y. Cherlopalli Post, P. Dornal Mandal, Prakasam District. 13 Potu Gangaiah S/o. Gangaiah R/o. D.No.4-325-A, Sarvodaya Nagar, Meerpet, Saroornagar Mandal, R.R. District. 14 S. Mohan Rao S/o. Mannaiah R/o. Kandulapuram Post, Cumbum Mandal, Prakasam District. 15 B. Suvarthamma W/o. Danam R/o. Hubli Village, Dharwada District, Karnataka State. 16 U. Prabhavathi W/o. Srinivaslulu R/o.H.No.1-203-2-73-77-C, Markapur, Prakasam District. 17 U. Mani Kumari W/o. Venkateswarlu R/o.H.No.1-203-2-73-77-C, Markapur, Prakasam District. 18 U. Ramesh S/o. Adivaiah R/o.H.No.6-342, Markapur, Prakasam District. 19 V. Ramanamma W/o. Subbarao R/o.H.No.10/838-D, Markapur, Prakasam District. 20 K. Annapurna S/o. Seshagirirao R/o. H.No.12-85, Srinagar, Pathancheru, Medak District. 21 B. Amba Bai w/o. Lakshman Singh R/o. Markapur, Prakasam District. 22 P. Prabhakar Rao S/o. Subbarayudu R/o.H.No.10/376, Kasturibai Street, Markapur, Prakasam District. 23 Shaik Amanulla S/o. Ghouse Mohiddin R/o.10/973, Markapur, Prakasam District. 24 Shaik Amanulla S/o. Ghouse Mohiddin R/o.10/973, Markapur, Prakasam District. 25 S.K. Chand Basha S/o. Shali Peeran R/o. D.No.2/21, Markapur, Markapur, Prakasam District. ..... PETITIONERS AND 1 The Government of Andhra Pradesh, rep. By its Secretary Irrigation & CAD Department, Secretariat, Hyderabad. 2 The District Collector, Prakasam District at Ongole. 3 The Special Collector, Land Acquisition, Poola Subbaiah Velugonda Project, Ongole, Prakasam District. 4 The Special Deputy Collector, Land Acquisition, Unit-III, Cumbum, Prakasam District. 5 The Revenue Divisional Officer, Markapur, Prakasam 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 will be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in proposing to acquire lands of the petitioners admeasuring 8417 Sq. yards situated in Sy.Nos.10/4, 10/6, 10/7, 10/8, 10/9 and 11/2,3,4,5 and plots out of total extent of Ac.16.11 cents of Narsimhapuram Village, Markapur Mandal, Prakasam District without initiating the Land Acquisition Proceedings as illegal, arbitrary, consequently direct the respondents not to dispossess or in any manner interfere with the possession and enjoyment of the petitioners land. Counsel for the Petitioner: MR.S.A.K.MYNUDDIN Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 27941 of 2008 O R D E R: This writ petition is filed seeking a declaration that the action of the respondents in proposing to acquire the land of the petitioners admeasuring 8417 square yards in Sy.Nos.10/4, 10/6, 10/7, 10/8, 10/9 and 11/2,3,4,5 and plots out of total extent of Ac.16.11 cents of Narsimhapuram village, Markapur Mandal, Prakasam District without initiating the necessary proceeding under the Land Acquisition Act, 1894 is arbitrary and illegal. When the matter is taken up for consideration, the learned Government Pleader under instructions from the respondents represented that the notification under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’) was published on 08-08-2008 and thereafter, notices were also issued to all the persons interested calling upon them to submit their objections in the enquiry under Section 5-A of the Act. It is also stated that the petitioner herein had submitted objections within the stipulated time and further proceedings are pending and that there is no threat of dispossession as on today. In the circumstances, no further enquiry is necessary and accordingly, the Writ Petition is disposed of leaving it open to the respondents to proceed further strictly in accordance with the procedure prescribed under law. No costs. ______________ G. ROHINI,J Date: 24-12-2008 KLP