IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 23755 of 2008 Between: 1 Smt. Sanisetty Kousalyamma, w/o. Mr. Mr. S. Veeraiah, R/o. Chinthavaram of Kothapalem Village, Chillakuru Mandal, Nellore Dsitrict. 2 Mr. Sanisetty Ramesh Babu, S/o. Mr. S. Ramaiah, R/o. Chinthavaram of Kothapalem Village, Chillakuru Mandal, Nellore Dsitrict. 3 Smt. Sanisetty Bujjamma, W/o. Mr. Krishnaiah, R/o. Chinthavaram of Kothapalem Village, Chillakuru Mandal, Nellore Dsitrict. ..... PETITIONERS AND 1 The Government of Andhra Pradesh, Rep by its Secretary, Department of Revenue, Secretariat Buildings, Hyderabad. 2 The District Collector, Sri Potti Sriramulu Nellore District. 3 The Revenue Divisional Officer/ Land Acquisition Officer, Gudur, Nellore District. 4 Smt. Pochareddi Rajamma, W/o. not known to the petitioners, R/o. Chinthavaram of Kothapalem Village, Chillakuru Mandal, Nellore Dsitrict. .....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 or order or direction more particularly one in the nature of Writ of Mandamus declaring that the petitioners are entitled to object to the acquisition of the land an extent of Ac. 1-42, 1-41, and 1- 41 in Sy.No. 380 ; 0-84, 0-84, and 0-84 in Sy.No. 385; Ac. 1-82, 1-82 and 1-82 in Sy.No. 387 out of the total Ac. 30-83 cents, situated in Kothapatnam Village, Kota Mandal of Sri Pottisriramulu Nellore District, by participating in the enquiry U/sec cents, 5-A of Land Acquisition Act pursuant to the Notiﬁcation RC.No. G2/4341/2008, dt. 28-9-2008 in Form 2A purported to be U/sec. 4 (1) of the Land Acquisition Act published in Telugu News Daily Eenadu dt. 02-10-2008 and consequently direct the respondents 2 and 3 to issue notice to the petitioners and permit the petitioners to participate in the enquiry U/sec. 5-A of Land Acquisition Act and issue the compensation amount if any that any be awarded after completion of the Land Acquisition proceedings U/sec. 11 of the Land Acquisition Act. Counsel for the Petitioners:MR.T.LAKSHMI NARAYANA Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following : ORDER: The District Collector, Nellore, the second respondent, published a notiﬁcation, dated 28.09.2008, under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’), proposing to acquire about 200 acres of land in Kothapatnam Village, Kota Mandal, Nellore District. The third respondent is appointed as Land Acquisition Oﬃcer and an enquiry under Section 5-A of the Act is being conducted. The petitioners state that they have valid title vis-à-vis about 30 acres of land in various survey numbers notiﬁed for acquisition, and out of it, the fourth respondent is expressing her no objection for acquisition, in respect of 12 acres of land. The grievance of the petitioners is that respondents 2 and 3 are not entertaining their objections in the enquiry under Section 5-A of the Act. Heard learned counsel for the petitioners and learned Government Pleader for Land Acquisition. The enquiry under Section 5-A of the Act is not limited to any particular aspect. Not only the objections relating to the very acquisition, but also those as to the entitlement are required to be taken into account. A consent given by a person, who is otherwise not interested, may adversely aﬀect the real owners of the land. Though that is not the forum to decide disputed questions, respondents 2 and 3 cannot ignore or restrict the representations or objections of any individuals. Therefore, the Writ Petition is disposed of, directing that respondents 2 and 3 shall entertain the objections raised by the petitioners also vis-à-vis any portion of the land that is identiﬁed for acquisition and dealt with the same in a detailed order that is required to be passed under sub-section (2) of Section 5-A of the Act. It is also made clear that if any order was passed under Section 5-A of the Act, the claims of the petitioners shall be dealt with in the award enquiry. There shall be no order as to costs. ____________________ Dt.03.11.2008 L.NARASIMHA REDDY, J Note:Furnish C.C. in two days. (B/o) GJ