IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 809 of 2006 Between: Talluri Srinivas S/o Guravulu, I.T. Professinal, H. No. 38, 15th main 15th Cross Sector-IV, HSR., Lay Out bangalore-34 ..... PETITIONER AND 1 District Collector, East Godavari at Kakinada 2 Revenue Divisional Officer Rajahmundry, East Godavari District 3 Mandal Revenue Officer Rajahmundry, 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 proposed action of the respondents in trying to dispossess the petitioner from his lawful possession and enjoyment of his patta lands in R.S. No. 315 ac. 1.40 cents: and 316/1Ac. 2.09 cents: vide sale deed dt 30-12-2000; 316/1 Ac.1.13 cents; 316/2 Ac. O.41 cents; 316/3Ac.0.09 cents 316/4 Ac.0.05 cents; vide sale deed dt 30-12-2000 ; 316./3 aC. 0.72 cents; 316/2 Ac.0.65 cent cents; 316/3 Ac. 0.98 cents; 316/4 Ac.077 cents allthese lands are situated at kalavacherla Vilalge of Rajanagaram Mandal, East Godvari District as illegla, arbitrary and violative of Principles of natural justice and for a consequential order directingthe respondents to drop allfurther proceedings including dispossession of the petitioenr from the above said lands and pass such other order or orders as may deem fit and proper inthe circumstnaces of the case of the case. Counsel for the Petitioner:MR.CH.DHANAMJAYA Counsel for the Respondents: GP FOR REVENUE The Court made the following Order: THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.809 of 2006 ORDER: The petitioner statedly is owner of agricultural lands in survey Nos.315, 316/1, 316/2, 316/3 and 316/4 situated at Kalavacherla Village, Rajanagaram Mandal, East Godavari District. He purchased these lands under various sale deeds from different vendors and is in possession of the same. He is resident of Bangalore. It is his case that in January, 2006, when he went to Rajahmundry he was informed that revenue officials are digging a canal in his land. He alleges that no proceedings were initiated under the Land Acquisition Act, 1894 (the Act, for brevity) and no notice was issued to him. Therefore, he filed instant writ petition seeking a direction to respondents to drop all further proceedings including dispossession of the petitioner. This writ petition is coming up for admission from January, 2006, onwards. Today when the matter is again listed for admission, learned Assistant Government Pleader for Revenue based on instructions he received from the Sub-Collector, Rajahmundry, submits that notification under Section 4(1) of the Land Acquisition Act, 1894 (the Act, for brevity) was issued, vide Reference No.B1/131/05 dated 09.09.2005. As per this notification land admeasuring Acs.3.22 in survey No.316/1, Acs.1.06 in survey No.316/2, survey No.0.97 in survey No.316/3A, Ac.0.45 in survey No.316/3B and Acs.1.06 in survey No.316/4 belonging to the petitioner was proposed to be acquired. The enquiry under Section 5-A of the Act was dispensed with. Subsequently respondents also issued a declaration under Section 6 of the Act on 13.09.2005. Learned Assistant Government Pleader also placed before this Court copies of notification and declaration which would belie the submission of learned counsel for the petitioner that the land is being taken without proceedings under the Act. In view of the submissions made by learned Assistant Government Pleader, no direction, as prayed for, can be granted. However, liberty is given to the petitioner to raise all objections before Land Acquisition Officer (LAO). Liberty is also given to the petitioner to approach LAO concerned with a copy of this order to file claim petition. With the above observations, the writ petition is disposed of. No costs. _____________ (V.V.S.RAO, J) 24th November, 2008 GHN To 1 District Collector, East Godavari at Kakinada 2 Revenue Divisional Officer Rajahmundry, East Godavari District 3 Mandal Revenue Officer Rajahmundry, East Godavari District 4 2CCs to GP for Revenue 5 2CD copies Form-NIC-OGS/WP{TRT}