IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 17560 of 2008 Between: Gottipati Swarupa W/o.Sri Gottipati Venugopal R/o.2nd cross Road,Nippo Centre,Sri Pottisriramulu Nellore District ..... PETITIONER AND 1 The State of Andhra Pradesh, rep.by District Collector Sri Pottisriramulu Nellore District 2 The Land Acquisition officer-cum-Revenue Divisional Officer, Sri Pottisriramulu Nellore District 3 The Tahsildar, Mutthukuru, Sri Pottisriramulu Nellore District .....RESPONDENT(S) 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 appropriate writ order direction one in the nature of writ of mandamus declaring the action of the respondents in contemplating to take possession of the lands admeasuring Ac.2.58 covered by S.No.243 situated at Krishnapatnam village, Muthukur Revenue Mandal, Sri Pottisriramulu Nellore District without following due procedure contemplated under Land Acquisition Act as illegal, arbitrary, unjust against the principles of natural justice and in violation of fundamental rights guaranteed under the Constitution of India and consequently direct the respondents to initiate proceedings Under Land Acquisition Act and pay compensation in accordance with the Act and till then not to take possession of the said land from the petitioner and pass Counsel for the Petitioner: MR.A.V.SIVAIAH Counsel for Respondents: GP FOR LAND ACQUISITION The Court made the following : ORDER: This writ petition is filed seeking a declaration that the action of the respondents in contemplating to take possession of the lands belonging to the petitioner admeasuring Ac.2.58 covered by S.No.243 situated at Krishnapatnam Village, Muthukur Revenue Mandal, Nellore District, purportedly for the purpose of establishment of Altra Mega Power Project, as arbitrary and illegal. I have heard the learned counsel for the petitioner as well as the learned Government Pleader for Land Acquisition appearing for the respondents. Having regard to the fact that no proceedings have been initiated by the respondents at any point of time for acquiring the land in question, the writ petition is disposed of at the admission stage with a direction to the respondents not to interfere with the possession of the petitioner in respect of the land in question, without following due process of law. ____________ (G. Rohini, J.) 13th August, 2008 Note: C.C. in 3 days. (B/o) Js. ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The State of Andhra Pradesh, rep.by District Collector Sri Pottisriramulu Nellore District 2 The Land Acquisition officer-cum-Revenue Divisional Officer, Sri Pottisriramulu Nellore District 3 The Tahsildar, Mutthukuru, Sri Pottisriramulu Nellore District. 4 2 CCs to G.P for Land Acquisition, High Court of A.P. Hyderabad.(OUT) 5 2 CD copies.