HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.6705 OF 2010 ORDER: The relief sought for in this writ petition is to declare the action of the respondents in seeking to acquire the petitioners’ lands as unjust, improper and illegal and to set aside the notification dated 02.02.2010 issued under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’), and the Section 6 declaration dated 03.02.2010. The petitioners would also question the failure of the respondents to hold an enquiry under Section 5-A of the Act as arbitrary and illegal. Petitioners, two in number, claim to be the owners of agricultural lands. The first petitioner claims to be the owner of an extent of Ac.1.24 gts. in Sy.No.28 and Ac.0.34 gts. in Sy.No.29 and the second petitioner claims to be the owner of land admeasuring Ac.1.24 gts. in Sy.No.28 situated at Gorrekal Village, Alladurga Mandal, Medak District. They claim to be cultivating the lands from a long time and this was their main source of livelihood. Petitioners would contend that the said lands are sought to be acquired for the purpose of market yard and, in as much as the requirement of establishing of a market yard is not so urgent as to necessitate dispensing with the enquiry under Section 5-A of the Act, the action of the respondents in invoking the urgency clause is arbitrary and illegal. This Court, by order dated 25.03.2010, directed the Learned Government Pleader for Land Acquisition to produce the records relating to the decision taken by the respondents to invoke the urgency clause. Today the learned Government Pleader for Land Acquisition, on instructions, would submit that the respondents are ready and willing to hold the Section 5-A enquiry wherein all the contentions raised in this Writ Petition can be agitated by the petitioners. In view of the submission of the learned Government Pleader, the Section 6 declaration is quashed leaving it open to the respondents to issue a notice to the petitioners under Section 5-A of the Act, hold an enquiry and, thereafter, proceed with the acquisition in accordance with law. The Writ Petition is, accordingly, disposed of. However, in the circumstances without costs. RAMESH RANGANATHAN, J Date:01.04.2010 Note: Furnish copy within ten days bo Usd