THE HONBLE Ms. JUSTICE G. ROHINI WRIT PETITION No.12458 of 2008 ORAL ORDER: This writ petition is filed aggrieved by the action of the respondents in interfering with the possession and enjoyment of the petitioner over the residential house situated in Door No.7/344-1B, Chinnachowk area, Kadapa city. It is not in dispute that a notification under Section 4(1) of the Land Acquisition Act (for short, “the Act”) was issued for acquisition of the land in the premises in question belonging to the petitioner for the purpose of road widening. Admittedly, under the notification dated 21.5.2008, enquiry under Section 5-A of the Act was proposed to be conducted and the Revenue Divisional Officer, Kadapa was authorized to conduct such enquiry. The petitioner states that he has also submitted his objections. However, apprehending that the premises in question is likely to be demolished even before the objections raised by him are considered, the present writ petition has been filed. Having heard the learned counsel for the petitioner as well as the learned Government Pleader for Land Acquisition appearing for the respondents and having regard to the fact that under the impugned notification the urgency clause is not invoked under Section 17(4) of the Act, I am of the opinion that there cannot be either dispossession of the petitioner or demolition of any part of the premises in question without considering the objections raised by the petitioner and without following the procedure as contemplated under the provisions of the Act. Accordingly, the writ petition is disposed of with a direction to the respondents not to interfere with the possession and enjoyment of the petitioner over the residential house situated in Door No.7/344-1B, Chinnachowk area, Kadapa without considering the objections raised by the petitioner and without taking further steps as provided under the Act. No costs. 17.06.2008. Note: Issue CC by tomorrow (Bo) Kgr IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No.12458 of 2008 Between: N. Ashok Kumar, S/o. Gurrappa, aged about 55 years, R/o. D.No. 7/344-1B, Chinnachowk, Kadapa City & District. ..... PETITIONER AND 1 The State of Andhra Pradesh, Rep. by its District Collector, Kadapa District. 2 The Revenue Divisional Officer, Kadapa, Kadapa 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 an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in interfering with the possession and enjoyment of the petitioner over the residential house situated in D.No. 7/344-1B, Chinnachowk area, Kadapa City & District, belongs to him, under the guise of Notification in Ref. G1/2433/2008, dated 21-05-2008 issued by the respondent No.1 under Section 4(1) of the Land Acquisition Act, 1894 published in Andhra Jyothi Daily, dated 24-05-2008 without issuing notice under Section 5-A of the Land Acquisition Act, 1894 calling for his objections and also without considering the objections submitted by him on 28-05-2008 as arbitrary, illegal, highhanded, contrary to the procedure envisaged under the provisions of the Land Acquisition Act, 1894 and violative of the fundamental and Constitutional rights guaranteed to the petitioner under Articles 14, 21 & 300-A of the Constitution of India and consequently direct the respondents to follow due process of law in acquiring the residential house situated in D.NO. 7/344-1B, Chinnachowk area, Kadapa City & District, belongs to him and pass such other order or orders as are deemed fit and proper in the circumstances of the case Counsel for the Petitioner: Mr.V.R.REDDY KOVVURI Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following: .