THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.16121 of 2007 Date:19th July, 2010 Between: 1. Alla Srimannarayana Murthy & Anr. …Petitioners and 1. District Collector, East Godavari District at Kakinada & Anr. …Respondents *** THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.16121 of 2007 ORDER: This Writ Petition has been filed by the petitioners, who are two in number, with a prayer to issue a Mandamus declaring Section 4(1) Notification, dated 28.06.2007 in reference No.3912/2007 issued by the District Collector, East Godavari at Kakinada-1st respondent as illegal, arbitrary and violative of principles of natural justice. 2. The petitioners claim to be the absolute owners and possessors of land in Survey No.184/2 admeasuring Ac.7.70 cents situated at Peddanapalli village, Yeleswaram Mandal, East Godavari District. Their sister Naga Venkata Lakshmi Tulasi Padmavathi is stated to be the owner of Ac.2.00. The District Collector, East Godavari at Kakinada-1st respondent issued notification under Section 4(1) of the Land Acquisition Act, 1894, (for short, ‘the Act’) vide Reference No.3912/2007, dated 28.06.2007 and published on 01.07.2007 in ‘Vaartha’ daily newspaper, proposing the acquisition of lands for public purpose viz., to provide house sites to poor under Indiramma Housing Scheme. The said notification is assailed in this Writ Petition. It is the grievance of the petitioners that the lands proposed to be acquired are not suitable for construction of houses and there are other lands in the village, which are more convenient for construction of houses. 3. Rule Nisi came to be issued on 30.07.2007. An interim direction of not to dispossess the writ petitioners from out of the land till the due process is completed in accordance with the Act came to be given to the respondents on the even date vide WPMP No.20484 of 2007. 4. The respondents entered appearance and filed counter-affidavit. They also moved WVMP No.3310 of 2007 with a prayer to vacate the interim order dated 30.07.2007 passed in WPMP No.20484 of 2007. When the WVMP No.3310 of 2007 came up for consideration, learned Asst. Government Pleader for Land Acquisition appearing for the respondents submit that the enquiry under Section 5-A is not yet completed and therefore, the petitioners are at liberty to submit their objections to the Land Acquisition Officer. 5. In that view of the matter, the Writ Petition itself is taken up for final disposal. 6. Since the enquiry under Section 5-A of the Act is stated to be pending, I deem it appropriate to dispose of the Writ Petition reserving liberty to the petitioners to file their objections to the land proposed to be acquired pursuant to the notification impugned in the Writ Petition within two weeks from today and participate in the enquiry under Section 5-A of the Act. 7. With the above observation, the Writ Petition is disposed of. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:19th July, 2010. cs THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.16121 of 2007 Date:19th July, 2010