IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWELVETH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 5249 of 2008 Between: Smt.Vanumu Bhushana Manga W/o.V.Satyanarayana R/o. Chikkudubatti village Chinthapalli Mandal, Visakhapatnam District ..... PETITIONER AND 1 The District Collector, Visakhapatnam 2 The Revenue Divisional officer, Narsipatnam cum Land Acquisition officer, Narsipatnam, Visakhapatnam District 3 The Thahasildar, Narsipatnam Visakhapatnam District .....RESPONDENT(S) 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 issue an appropriate writ order or direction more in the nature of writ of mandamus declaring the proceedings of the 1st respondent issued inRc.No.261/2007/E2/SW dated 1.12.2007 published in Andhra Jyothi Daily News paper dated 6.12.2007 so far as proposing to acquire the lands of the petitioner in an extent of Ac.0.10 cents in SY.Nos.142/1 to an extent of Ac.1.24 cent sin SY.No.142/3 an extent of Ac.3.24 cents in Sy.No.143/1 an extent of Ac.0.89 cents in SY.No.143/2 totaling Ac.4.96 cents in Gurandharapalem village Narsipatnam Mandal, Visakhapatnam District for the purpose of providing house sites to the needy people is illegal, arbitrary, violative of principles of natural justice and contrary to the provisions of Land Acquisition Act and consequently direct the respondents to delete the above said lands from the 4(1) Notification dated 1.12.2007 published in Andhra Jyothi Daily dated 6.12.2007. Counsel for the Petitioner: MR.M.SUBBA REDDY Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : Form-NIC-OGS/WP{TRK} O R D E R:- This writ petition is filed seeking a mandamus to declare the Notification dated 1.12.2007 issued by the 1st respondent-District Collector proposing to acquire the petitioner’s land of a total extent of Ac.4.96 cents in various survey numbers situated in Gurandharapalem village, as arbitrary and illegal. The petitioner asserts that she is the absolute owner of a total extent of Ac.4.96 cents in various survey numbers situated in Gurandharapalem village, Narsipatnam Mandal, Visakhapatnam by virtue of a registered sale deed dated 10.5.2004, and since then she has been in peaceful possession and enjoyment of it. Now, the petitioner’s grievance is that the 1st respondent-District Collector issued the impugned Notification proposing to acquire her land. Though the petitioner made a representation dated 20.2.2008 to the 2nd respondent- R.D.O., it has not been considered so far. Heard the learned counsel for both the parties and perused the material placed on record. In the impugned Notification, it is clearly stated that the Revenue Divisional Officer is directed to hold an enquiry under Section 5(A) of the Act. In the light of the above, it is unnecessary for this Court to go into various contentions raised by the learned counsel for the petitioner and the petitioner’s representation dated 20.2.2008 which was submitted to the 2nd respondent-Revenue Divisional Officer may be treated as her objections and the 2nd respondent, after affording her an opportunity of being heard, may pass appropriate orders in accordance with law. Before doing so, the 2nd respondent shall issue a notice informing the date of hearing so that the petitioner will appear herself before him and ventilate her grievance. In terms of the above observation, this writ petition is disposed of at the admission stage. No costs. ________________ 12.03.2008 bcj