IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO : 17672 of 2008 Between: Smt. Bellamkonda Jayamma W/o. Chinnaiah R/o.H.No.17/16, Vanam Topu, Kondayapalem Post, Sri Potti Sriramulu, Nellore District, rep. by GPA Holder, Bellamkonda Chinnaiah, S/o. Venkaiah. ..... PETITIONER AND 1 The State of A.P. rep. by the District Collector, Nellore, Sri Potti Sreeramulu Nellore District. 2 The Land Acquisition Officer-cum-Revenue Divisional Officer, Nellore, Sri Potti Sreeramulu Nellore District. 3 The Tahsildar, Nellore, Sri Potti Sreeramulu Nellore 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 an order or direction, more in the nature of Writ of Mandamus, declaring the action of the respondents to proceed with construction of houses for Weaker Sections under "Indiramma Scheme" in the petitioner's land, admeasuring Ac.2.50 cents out of Ac.11.50 cents covered by Survey Nos. 1878, 1879, 1880 and 1885 situated at Nellore Bit-I within Kothuru Gram Panchayat, Nellore Urban Mandal, Nellore District, without initiating the Proceedings under the Land Acquisition Act, 1894 and without paying compensation, as illegal, arbitrary, unjust and in violation of constitutional rights guaranteed under Articles 16, 19 and 300-A of the Constitution of India, and consequently direct the respondents, to initiate proceedings under the Land Acquisition Act, 1894 and pay the compensation in accordance with the said Act and till then not to proceed with any activity into the said lands under "Indiramma Scheme". Counsel for the Petitioner: MR.A.V.SIVAIAH Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following ORDER: THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No.17672 of 2008 Order: In this writ petition, the petitioner is aggrieved by the action of the respondents in proposing to acquire the lands admeasuring Acs.2.50 cents situated in Survey Nos.1878, 1879 and 1885 situated at Nellore Bit-I, Nellore belonging to her, for the purpose of constructing houses to the weaker sections of the society under ‘Indiramma Housing Programme’, without following the procedure contemplated under the Land Acquisition Act, 1894. A counter affidavit has been filed by the Revenue Divisional Officer, Nellore, the second respondent herein, stating that as of today, there is no proposal to acquire the land in question, much less to construct houses under ‘Indiramma Housing Programme’ and that if the same is required, the respondents would follow due process of law. In the circumstances, without going into the merits, the writ petition is disposed of directing that the respondents shall follow due process of law, if the land in question is required for the purpose of construction of houses under ‘Indiramma Housing Programme’. No costs. ___________________ N.V. RAMANA, J. Date:30.07.2009 VGB