IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 17723 of 2008 Between: L. Chinna Kondaiah, S/o. Vengaiah, Hindu, R/o. Ulavapalli Village, Timmayapalem Majara, Cherjerla Mandal, Sripotti Sriramulu Nellore District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep. By its Principal Secretary, Revenue Department (Land Acquisition) Secretariat, Saifabad, Hyderabad. 2 The District Collector (Land Acquisition), Nellore, Sripotti Sreeramulu, Nellore District. 3 The Revenue Divisional Officer, Nellore, Sripotti Sreeramulu, Nellore District. 4 The Tahsildar, Cherjerla Mandal Revenue Officer, Chejerla Manal, Sripotti Sreeramulu Nellore District. ....RESPONDENTS Counsel for the Petitioner:MR.T.C.KRISHNAN Counsel for the respondents : AGP FOR LAND ACQUISITION The Court made the following : O R D E R: This writ petition is filed for a writ of Mandamus to declare the action of respondent No.4 in seeking to dispossess the petitioner from the land admeasuring Ac.1.00 cents in Survey No.120/2 of Ulavapalli Village, Timmayalpalem Majara, Chejerla Mandal, Sripotti Sriramulu Nellore District, without initiating land acquisition proceedings as illegal and unconstitutional. The petitioner claims that he inherited the above mentioned land, which was not a Dharakast (DKT) land, from his mother after her death in the year 1981, and that at his request, respondents 3 and 4 issued pattadar passbooks and title deeds in his favour. The petitioner alleged that on 01-08-2008, respondent No.4 sent a Village Servant to him calling upon him to surrender the said land on the ground that the same is required for allotment of house site pattas to the weaker sections. Feeling aggrieved by the said action, the petitioner filed the present writ petition. It is needless to point out that if the State or its Officers require any private land for public purpose, they can either acquire the same through private negotiations or by initiating proceedings under the Land Acquisition Act, 1894. In the light of the assertion of the petitioner that the above mentioned extent of Ac.1.00 cents is a private land, and not an assigned land, respondent No.4 shall examine the claim of the petitioner in this regard and if he is satisfied on the basis of the material filed by the petitioner that the above mentioned land is a private land, the respondents shall not interfere with the petitioner’s possession without following the due process of law as indicated above. The writ petition is, accordingly, disposed of. As a sequel to disposal of main petition, WPMP No.23028 of 2008 filed by the petitioner for interim relief is dismissed as infructuous. C.V.NAGARJUNA REDDY, J Dated 14th August, 2008 Note: Issue C.C in three days vrn