IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND NINE PRESENT: THE HON'BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION No.23917 of 2009 Between: Chelikani Kiran Kumar ..... PETITIONER AND The District Collector, Srikakulam and another ..... RESPONDENTS ORDER: Heard the counsel. 2. The matter is coming up for admission. 3. The Writ Petition is filed praying for the relief of writ of Mandamus, declaring Rc.No.1679/2009-SWLA dated 18-09-2009 issued by the first respondent dispensing with Section 5-A Enquiry and seeking to acquire the lands of the petitioner Ac.0-17 cents of dry land in Sy.No.52/2, Ac.1-30 cents of dry land in Sy.No.52/3, Ac.0-48 cents of dry land in Sy.No.52/5, Ac.4.83 cents of dry land in Sy.No.53/2, Ac.0.58 cents of dry land in Sy.No.53/3, Ac.0-65 cents of dry land in Sy.No.53/4 and Ac.0.40 cents of dry land in Sy.No.53/5 situated in Rajam village, Rajam Mandal, Srikakulam District for the purpose of providing house-sites under Indiramma Scheme to Weaker Sections near Rajam village as being illegal, unjust, arbitrary and violative of Articles 14 and 21 of the Constitution of India and pass such other suitable orders. 4. It is stated that the first respondent got published Section 4(1) Notification in Andhra Jyothi Daily News Paper dated 15-10- 2009. It is further stated that the first respondent while issuing Section 4(1) Notification on 18-09-2009 had dispensed with Section 5-A Enquiry invoking the urgency provision. 5. The learned counsel representing the writ petitioner had pointed out to the relevant portions of the affidavit filed in support of the writ petition and would maintain that there is no such urgency so as to dispense with the enquiry under Section 5-A of the Land Acquisition Act. 6. The learned AGP for Land Acquisition representing the respondents however, would point out that this acquisition is for public purpose i.e., for providing house sites to Indiramma Scheme for weaker sections and hence, the urgency clause had been invoked. 7. In view of the facts and circumstances, this court is of the considered opinion that the writ petitioner to be given an opportunity of personal hearing. 8. Hence, the writ petition is disposed of directing the respondents to conduct an enquiry under Section 5-A of the Land Acquisition Act in accordance with law and take further steps, if any, if they are so advised, inclusive of the personal hearing. No order as to costs. ___________________ P.S. NARAYANA, J November 6, 2009. PN THE HON'BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION No.23917 of 2009 November 6, 2009