IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE P.V.SANJAY KUMAR WRIT PETITION No.22131 of 2008 Between: 1 Bonam Venkataswamy S/o.Achayya,Hindu Kunavaram(V) Razole(M) East Godavari District 2 Bonam Achayyanath S/o.Narayana Swamy, Hindu Kunavaram(V) Razole(M) East Godavari District 3 Ch.Satyanarayana Murthy S/o.Venkataswamy,Hindu Kunavaram(V) Razole(M) East Godavari District 4 Ch.Tirupathi Rao, S/o.Venkataswamy,Hindu Kunavaram(V) Razole(M) East Godavari District 5 Ch.Janakiramayya, S/o Setti, Hindu Kunavaram(V) Razole(M) East Godavari District ..... PETITIONERS AND 1 The District Collector East Godavari District Kakinada 2 The Revenue Divisional Officer Amalapuram East Godavari District 3 The Tahsildar Razole,East Godavari 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 of Mandamus or any other appropriate writ, order or direction declaring the action of the respondents in interfering and dispossessing the petitioners from their land to extent of ac 0.99 cents in S.No.36/1C, Ac 1.01 cents in S.No.36/1A, Ac 0.23 cents in S.No.74/1 Ac 49 1/2 cents in S.No.74/2 Ac 0.30 cents in S.No.74/2 and an extent of Ac 1.17 1/2 cents in S.No.74/2 of Kunavaram(V) Razole(M) East Godavari District without any manner of right and due process of law as illegal arbitrary and violative of principles of Natural justice and also violative of Art 14,19 and 300-A of the Constitution of India and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: SRI K.CHIDAMBARAM Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following : THE HON'BLE SRI JUSTICE P.V.SANJAY KUMAR WRIT PETITION No.22131 of 2008 ORDER: This writ petition is ﬁled challenging the alleged action of the respondents in interfering with and dispossessing the petitioners from their lands in an extent of Ac.0.99 cents in survey No.36/1C, Ac.1.01 cents in survey No.36/1A, Ac.0.23 cents in Survey No.74/1, Ac.0.49½ cents in survey No.74/2, Ac.0.30 cents in survey No.74/2 and an extent of Ac.1.17½ cents in survey No.74/2 of Kunavaram Village of Razole Mandal in East Godavari District, without following due procedure laid down by law. It is admitted fact that the subject lands are being subjected to acquisition under the provisions of the Land Acquisition Act, 1894 (the Act, for brevity). The petitioners also stated in their aﬃdavit that they had ﬁled their objections to Section 5A notice issued by the authorities under the Act. The complaint of the petitioners before this Court is that while the matters stood thus, the authorities tried to enter upon their lands on 30.09.2008 seeking to interfere with their possession and they started measuring the lands causing damage to the existing crops. They apprehend that they would be dispossessed from the subject lands without following due procedure laid down by law, and accordingly rushed to this Court by way of the present writ petition. Learned Government Pleader for Land Acquisition, upon instructions, stated that the enquiry under Section 5A of the Act was conducted on 12.08.2008 and some of the landowners attended the said enquiry and ﬁled their objections. Orders are yet to be passed in pursuance of the said enquiry. Learned Government Pleader denied that any steps were being taken by the authorities to take possession of the lands from the petitioners without completing the procedure contemplated under the Act. In the light of the submissions made by the learned Government Pleader, it is clear that it is only an apprehension on the part of the petitioners that they would be dispossessed from their lands by the authorities without following the procedure laid down by law. With the above observation, the writ petition is dismissed. There shall be no order as to costs. _______________________ (P.V.SANJAY KUMAR , J) 06.10.2008 vs To 1 The District Collector East Godavari District Kakinada 2 The Revenue Divisional Officer Amalapuram East Godavari District 3 The Tahsildar Razole,East Godavari District 4 2CCs to G.P for Land Acquisition, High Court of A.P., Hyderabad. 5 2CD copies Form-NIC-OGS/WP{BMR}