THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No. 4749 of 2007 ORDER: The petitioner claims to be the holder of 1/3rd share in Ac.1.61 cents of land in Sy.No.147/1B of Kumudavalli Village, Palakoderu Mandal, West-Godavari District. The 1st respondent issued notification dated 08-02-2007 under Section 4(1) of the Land Acquisition Act, (for short ‘the Act’), proposing to acquire the land. Enquiry under Section 5-A of the Act is in progress, and the petitioner submitted his objections therein. This writ petition is filed challenging the very notification under Section 4(1) of the Act, on various grounds. It is stated that four months earlier to the impugned notification, the 1st respondent issued notifications under Section 4(1) of the Act, on 07-05-2006 and 01-07-2006, proposing to acquire Ac.6.75 cents and Ac.4.69 cents respectively, and yielding to the pressure of the owners of the said lands, the proceedings in respect thereof were dropped. The petitioner states that the proceedings in respect of his land are vitiated, on account of several factors. On behalf of the respondents 1 and 2, a counter-affidavit is filed. It is admitted that two notifications were issued on 07-05-2006 and 01-07-2006, respectively. The reasons, on account of which the proceedings were dropped, are also mentioned. Heard the learned counsel for the petitioner and learned Government Pleader for Land Acquisition. It is no doubt true that the respondents issued notifications under Section 4(1) of the Act, in respect of the lands in different survey numbers of the same village, for the purpose of providing house sites. They were however dropped, duly taking into account the grounds urged by the owners of the said lands. The third notification came to be issued on 08-02-2007, and this time, in respect of the land of the petitioner. This Court would certainly have examined the grounds urged by the petitioner, but for the fact that a final decision in this regard is yet to be taken by the respondents. The enquiry under Section 5-A of the Act is in progress. There is no reason to believe that the respondents would not take into account, the objections raised by the petitioner. Further the very fact that the respondents have dropped the proceedings on two earlier occasions, discloses that they examined the grounds urged by the owners of the land, objectively. The petitioner can approach this Court, if declaration under Section 6 of the Act is ordered, in respect of his land. For the foregoing reasons, the writ petition is disposed of, directing that the respondents shall take into account, the points urged by the petitioner in the enquiry under Section 5-A of the Act. It shall be open to the petitioner to approach this Court, if a notification under Section 6 of the Act is issued, in respect of his land. There shall be no order as to costs. ________________________ L. NARASIMHA REDDY, J. Dt.31-05-2010. KO