THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No. 29208 OF 2009 Dated: 19-02-2010 Between: M. Venugopal Rao and another ... PETITIONERS AND The State of Andhra Pradesh, rep., by the Principal Secretary, Revenue (Land Acquisition) Department, Secretariat Buildings, Hyderabad and two others ... RESPONDENTS THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No. 28110 OF 2009 ORDER: In this writ petition, the petitioners have questioned order dated 11-12-2009 in Rc.No. 4641/2008-G2 passed by the 2nd respondent - District Collector in exercise of the powers conferred under Section 5- A(2) of the Land Acquisition Act, 1894 (for short, ‘the Act’). An extent of Ac.1.10 cents of land in Survey No.840/1 of Selapadu Village, Chebrolu Mandal, Guntur District belonging to the 1st petitioner and an extent of Ac.1.07 cents of land in the same survey number belonging to the 2nd petitioner were notified for acquisition under the provisions of the Act for providing house sites to the weaker sections under Indiramma Scheme. Notification under Section 4(2) of the Act was already issued vide proceedings in Rc.No.4641/08/G2, dated 07-12-2008 by the 2nd respondent. In the enquiry conducted under Section 5-A of the Act, principally two objections were raised by the petitioners. Firstly, that they are small farmers, as such in view of the executive instructions issued by the Government their lands should not have been acquired and secondly, that the beneficiaries for the proposed house sites have recommended to the authorities that their lands are not suitable for house sites. It is the grievance of the petitioners that though such objections were raised in the enquiry conducted under Section 5-A of the Act, without considering them, the impugned orders are passed. A detailed counter affidavit is filed by the 3rd respondent - Revenue Divisional Officer, Tenali Division, Guntur District. While generally denying the various allegations made by the petitioners, it is categorically stated that the petitioners are not small farmers, that there is a land which stands in the name of the mother of the 1st petitioner and apart from the same, in addition to an extent of about Acs.9.00 of land in Sekuru Village, his family members are having Acs. 5.34 cents of landed property in M.Ananthavaram Village of Chebrole Mandal. It is also stated that he is having a major share in Ramalingeswara Rice Mill at Salapade which is being maintained by him. So far as the second petitioner is concerned, it is stated that he is the owner of Acs. 9.00 of wet land and Acs. 5.00 of dry land which is in his possession and enjoyment and apart from the same, his mother is also having Acs. 5.00 of wet land. Therefore, they do not come under the category of small farmers. With regard to the objections of the beneficiaries, it is stated in the counter affidavit that none of the beneficiaries has approached the revenue authorities and expressed their unwillingness to the proposed acquisition. Though it is the pleaded case of the petitioners that they are small farmers, from the particulars given in the counter affidavit it is clear that they are not small farmers. It is also clear from the counter affidavit that none of the beneficiaries has ever expressed unwillingness to the proposed acquisition. In any event, it is not for the petitioners to decide whether the land in question is suitable for house sites or not. The authorities have conducted the enquiry under Section 5-A of the Act and have decided to acquire the land in question for the purpose of house sites. It is not open for the petitioners to challenge the validity of the order passed under Section 5-A(2) of the Act on the aforesaid grounds. For the aforesaid reasons, I do not find any merit in this writ petition to invalidate the impugned order. The writ petition is accordingly dismissed. No order as to costs. Consequently, interim order dated 23-12-2009 is vacated. R.SUBHASH REDDY,J 19-02-2010 ks