THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.24621 of 2006 (Dated : 01-02-2011) Between; Yarlagadda Potharaju S/o Yarlagadda Venkatramaiah …Petitioner A n d The District Collector, Krishna and another …Respondents THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.24621 of 2006 ORDER: This writ petition has been filed by Yarlagadda Potharaju assailing notice issued under Section 4(1) of the Land Acquisition Act, 1894 (for short, `the Act’) dated 13.9.2006 and declaration issued under Section 6 of the Act. 2. The petitioner is the owner of Ac.5-22 guntas in R.S.No.659/3 of Pedatummidi village, Bantumilli Mandal having purchased the same from Adapala Shankara Rao, Subash Chandra Bose, Nehru, Lakshmana Swamy, Durga Prasad and Ramadas under a registered sale deed dated 3.12.2005. The Land Acquisition Officer-cum- Revenue Divisional Officer, Bandar, Krishna District-2nd respondent issued notice dated 16.9.2006 in Form No.3 in RCA No.1194/06 under Section 5 A of the Act calling for objections for the proposed acquisition of the land on or before 03.10.2006. The petitioner submitted objections. According to the petitioner, without conducting any enquiry as contemplated under Section 5-A of the Act, Section 6 Declaration came to be issued. Therefore, he filed writ petition questioning the Section 4(1) notification and Section 6 declaration in respect of the land owned by him. 3. Rule nisi came to be issued on 27.11.2006. An order of interim stay came to be granted on the even date, as per orders in W.P.M.P.No.31479 of 2006. 4. When the vacate stay petition came up for consideration, there was no representation on behalf of the petitioner. Therefore, the vacate stay petition came to be allowed on hearing the learned Government Pleader for Land Acquisition appearing for the vacate stay petitioner, vide order dated 21.7.2010. Subsequently, the petitioner filed W.P.M.P.No.25845 of 2010 to recall the order dated 21.7.2010 passed in W.V.M.P.No.721 of 2007 in W.P.M.P.No.31479 of 2006. When W.P.M.P.No.25845 of 2010 is taken up for consideration, both the parties consented for disposal of the main writ petition. 5. Heard learned counsel appearing for the petitioner and learned Government Pleader for Land Acquisition appearing for the respondents. 6. The principal contention of the petitioner is that he filed objections as called for under Section 5-A of the Act and his objections were not considered before issuing Section 6 declaration. 7. This factual aspect of the District Collector not considering the objections filed by the petitioner has not been disputed by the learned Government Pleader for Land Acquisition. Therefore, the declaration given under Section 6 of the Act cannot be sustained. 8. Accordingly, the Writ Petition is disposed of setting aside the Section 6 declaration dated 18.11.2006 and directing the District Collector, Krishna-1st respondent herein to consider the objections filed by the petitioner before issuing Section 6 declaration. No order as to costs. _____________________ B.SESHASAYANA REDDY, J Dt.01-02-2011 RAR THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.24621 of 2006 (Dated : 01-02-2011)