K. Raviraja Pandian, J.

The appeal is directed against the order dated 012. 2005 made in W.P.No.13204 of 2005, wherein the proceedings initiated under the Land Acquisition Act, 1894 to acquire an extent of 46. 31 Hectares for the public purpose of construction of drinking water tank at Kanakalapet was challenged. The learned Judge dismissed the writ petition.

2. As seen from the order of the learned single Judge, the proceedings was challenged on two grounds. The first ground was that when an alternate and adjacent poramboke land was available besides the land of M/s.Lakshmi Oil Mills, which is also very much nearer to the scheme, yet, the respondents have not chosen to select the said land, but selected the land of the appellant, which is impermissible. The other ground of attack was that the Andhra Pradesh Government proposed to put up water tank and issued a notification for the purpose of acquisition of land and thus there was no real public purpose and the acquisition was unwarranted. The learned Judge, after hearing the Government Pleader, has concluded the issue by stating that the first ground canvassed by the writ petitioner that the alternative lands viz., por