IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SECOND DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 11042 of 2008 Between: 1 Smt. Alamuru Subamma W/o Alamuru Subbarayudu R/o Noonepally Nandyal Taluk Kurnool District. 2 Bhavanasi Sriramamurthy S/o Venkata Subbaiah R/o Nandyal Kurnool District. 3 Shaik Beejan Bee W/o Shamsuddin R/o Nandyal Kurnool District. 4 Hussain Sab S/o Shaik Nabi Rasool R/o Nandyal Town Kurnool District. ..... PETITIONERS AND 1 The Dist Collector Kurnool 2 The Revenue Divisional Officer Cum Land Acquisition Officer Nandayal,Kurnool Dist .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue appropriate Writ or order or direction mostly one which is in the nature of Writ of Mandamus declaring the notification issued by the 1st respondent under Section 4(1) of the land acquisition Act of 1894 in LR.RC.L. 38/2008 dt. 30-04-08 published in Enadu Telugu Daily Newspaper of Kurnool Edition dt. 03-05-08 and set aside the same holding that the lands of the petitioners situated in survey No. 70/B/5 and 71/5 of Noonepally Village, Nandyal Mandal, Kurnool District cannot be acquired Counsel for the Petitioners: MR.P.VEERA REDDY Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following Order: ORDER: The petitioners claimed to be the owners of land in survey Nos. 70/B/5, 71 and 71/5 of Noonepalli Village, Kurnool District. The first respondent issued notification on 30.04.2008 under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’) proposing to acquire the said land. The petitioners contend that about 15 years back an extent of Acs.13.00 of land was acquired by the Government to provide house sites to the poor and as of now there are no eligible beneficiaries to provide house sites. It is also stated that the petitioners are small farmers and they would be put to hardship if their only source of livelihood is taken away. Heard the learned counsel for the petitioners and the Assistant Government Pleader for Land Acquisition. The first respondent intended to acquire an extent of Acs.4.97 cents of land belonging to the petitioners by issuing a notification under Section 4(1) of the Act. The enquiry contemplated under Section 5-A of the Act is not dispensed with. The various grounds urged by the petitioners can certainly be pleaded before the Land Acquisition Officer as well as the first respondent. There is no reason to apprehend that any such genuine grievance would not be taken into account by the authorities concerned. This Court is of the view that the writ petition is too premature and the petitioners cannot be said to have suffered any immediate grievance. The writ petition is accordingly dismissed leaving it open to the petitioners to raise all their contentions and objections in the enquiry contemplated under Section 5-A of the Act and to pursue their remedies in case they still suffer any grievance. No costs. _______________________ L.NARASIMHA REDDY, J 22nd May, 2008 Note: Issue CC in three days. (B/o) GHN To 1 The Dist Collector Kurnool 2 The Revenue Divisional Officer cum Land Acquisition Officer Nandayal,Kurnool Dist 3 2CCs to Government Pleader for Land Acquisition 4 2CD copies Form-NIC-OGS/WP{TSSB}