IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GOPALAKRISHNA TAMADA Writ Petition No. 5802 of 2008 Between: 1. Suraboina Kishtaiah S/o Gangaiah, R/o Ukkayapalli Village, Kadapa Mandal, Kadapa District. 2. Polthala Sankaraiah S/o Pullaiah 3. Polthala Ramakrishnaiah S/o Pullaiah 4. Polthala Pitchaiah S/o Pullaiah Petitioner Nos. 2 to 4 are Agriculturists, R/o D.No.9/50, Ukkayapalli, Kadapa, Kadapa District. ... PETITIONERS AND 1. The State of Andhra Pradesh, rep by its District Collector, Kadapa, Kadapa District. 2. The Revenue Divisional Officer, Kadapa, Kadapa District. 3. The Tahsildar, Kadapa Mandal, Kadapa District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the high handed action of 2nd respondent in trying to take possession of the lands in an extent of Ac.1.99 cents, Ac.0.49 cents, Ac.0.25 cents and Ac.0.25 cents in Sy.No.984/1 situated in Ukkayapalli Village, Kadapa Mandal, Kadapa District, belongs to the petitioners respectively, without considering the objections submitted by them under Section 5-A of the Land Acquisition Act, 1894, with regard to Notification in Ref. G3/731/2008, dated 15-02-2008 issued by 1st respondent under Section 4(1) of the Land Acquisition Act, 1894 proposing to acquire their lands, published in Surya Telugu Daily on 16-02-2008 as illegal, arbitrary, contrary to the procedure envisaged under the provisions of the Land Acquisition Act, 1894, and violative of Fundamental and Constitutional Rights guaranteed to the petitioners under Articles 14, 21 & 300-A of the Constitution of India and direct the respondents to follow due procedure envisaged under the provisions of the Land Acquisition, Act, 1894 with regard to the lands in an extent of Ac.1.99 cents, Ac.0.49 cents, Ac.0.25 cents and Ac.0.25 cents in Sy.No.984/1 situated in Ukkayapalli Village, Kadapa Mandal & District, belongs to the petitioners respectively, and pass such other order or orders. Counsel for the Petitioner. : Mr. V.R.REDDY KOVVURI Counsel for the Respondents. : GP FOR LAND ACQUISITION The Court made the following: ORDER: - Petitioners state that respondents issued a notification under Section 4(1) of the Land Acquisition Act, 1894 (for short, ‘the Act’) proposing to acquire their lands for the purpose of providing houses to houseless and poor people under Phase-II of Indiramma Housing Colony. In the said notification, it is stated that the Revenue Divisional Officer is conferred with the power to hold an enquiry as provided under Section 5-A of the Act. The grievance of the petitioners is that though they filed their objections before the Revenue Divisional Officer, the Revenue Divisional Officer has not passed any order with regard to the said objections and is proceeding further in accordance with the provisions of the Act. 2. Having heard learned counsel for petitioners; this Court is of the view that in the normal circumstances, the authority would pass an order under Section 5-A of the Act and then only proceeds further in accordance with law. But, however, as learned counsel for petitioners submitted that no rejection order has yet been passed, the respondents are hereby directed not to dispossess the petitioners, if the said rejection order is not yet passed. If the rejection order has already been passed, rejecting the objections raised by the petitioners, the said order may be communicated to the petitioners. 3. With the above directions, the writ petition is disposed of at the stage of admission. ________________________________ JUSTICE GOPALAKRISHNA TAMADA Dt.18-03-2008 Note: Issue CC tomorrow. B/o GLV ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER Copy to: 1. The District Collector, Kadapa, Kadapa District. 2. The Revenue Divisional Officer, Kadapa, Kadapa District. 3. The Tahsildar, Kadapa Mandal, Kadapa District. 4. 2CCs to 5. 2CD copies Form-NIC-OGS/WP{TRT}