T. DHODDAYYA Vs. THE DISTRICT COLLECTOR, ANANTAPUR

JUDGEMENT

(1.) THIS petition is for issuance of a writ of certiorari to quash the notification under Sections 4(1) and 6 of the Land Acquisition Act dated 13 -10 -1982 concerning the land measuring Ac. 5.14 cents bearing S. No. 629 -2 situated in Amarapuram village, Anantapur District. The essential averments in the affidavit in support of the writ petition may be stated: -The notification under Sec. 4(1) of the Land Acquisition Act was published proposing to acquire the land for house sites to Boyas of the village. It is stated that the enquiry under Section 5 of the Act is dispensed with and the acquisition for the purpose of houses to the members of a particular caste is not legal. The petitioners are small farmers and the acquisition is contrary to the instructions issued by the Government.

(2.) IN the counter -affidavit filed by the Land Acquisition Officer, it is stated that on the representations of the Boya Caste people of the village for providing house sites to them, proposals were initiated for acquisition of the land in question as it was found that Boya Caste numbering about 102 in the village are in need of house sites. The substance of Section 4(1) of the Act was published in the village on 20 -10 -1982 and notices under Sections 9(1) and 10 and 9(3), 10 of the Land Acquisition Act were issued to the parties, and the notices were served on the parties. The allegation of the petitioners that they are small farmers is denied as they are having more than 30 to 40 acres of patta land. As there was urgency in providing house sites the enquiry under section 5 -A of the Act is dispensed with.

(3.) IN view of the categorical denial in the counter -affidavit and in the absence of any unimpeachable evidence the contentions regarding the absence of the publication of substance of notification and that the petitioners are small farmers are devoid of substance.