IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 14196 of 2008 Between: 1.Maranmreddy Siresh Reddy S/o.Sri Venkata Subba Reddy Garu Kadivedu(V) Chillakuru(M) Nellore District 2.Smt. Boyipati Mary Reddy W/o.Arogya Reddy Garu Plot No.181 Road No.16 Jubilee Hills Hyderabad 3.Smt. Maramreddy Lakshmipriya W/o.Sri Maramreddy Sireesh Reddy Garu Plot No.193 Magunta Layout Nellore District 4.Smt.Isanaka Sudarsanamma W/o.Sri Srinivasulu Reddy Garu Door No.24-1-485 Sujathamma Colony Nellore Town,Nellore District 5.Atmakuru Venugopala Reddy S/o.Sri Narsa Reddy Garu Thurpuveedi Gudur Town,Nellore District 6.Smt. Vovveti Jayanthi W/o.Sri Sugunakar Reddu Garu Thurpuveedi Gudur Town,Nellore District 7.Bondilli Balaji Singh S/o.Sri Raghava Singh Garu Lakshmipuram Nellore,Nellore District 8.Tannamala Venkata Krishna Reddy S/o.Sri Subbarami Reddy Garu Vunuguntapalem Kota (M) Nellore District 9.G.Govindudarajulu S/o.Sri Pattabhiramaiah Garu Hospital Road Gudur,Nellore District ..... PETITIONERS AND 1.The Special Collector Telugu Ganga Project Nellore District 2.The Sub Collector(Land Acquisition) Gudur Nellore 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 will be pleased to issue a writ order or direction more particularly one in the nature of writ of Mandamus calling for the records relating to and in connection with the section 4(1) Notification dt.20-5-2008 appearing in the local new paper " Andra Praba dt.22-05-2008 and the consequential section 6 declaration dt.21-5-2008 issued in proceedings Rc D.1/644/08 of the 1st respondent and set aside the same as illegal arbitrary violative of Articles 14,31 and 300-A of the constitution of India. Counsel for the Petitioner:MR.T.JAGDISH Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following ORDER: THE HON’BLE MS JUSTICE G.ROHINI Writ Petition No.14196 of 2008 ORDER: This writ petition is filed with the following prayer. “…to issue a writ order, or direction, more particularly one in the nature of writ of Mandamus calling for the records relating to and in connection with the Section 4(1) Notification, dated 20.05.2008, appearing in the local newspaper ‘Andhra Prabha’ dated 22.05.2008 and the consequential Section 6 Declaration dated 21.05.2008 issued in Proceedings Rc.D.1/644/08 of the first respondent and set aside the same as illegal, arbitrary, violative of Articles 14, 31 and 300-A of the Constitution of India.” When the matter is taken up for consideration, it is brought to my notice that in W.P.No.13619 of 2008 the very same notification, dated 22.05.2008, was challenged by some other land owners and this Court disposed of the said writ petition by an order, dated 27.06.2008, setting aside the declaration under Section 6 of the Land Acquisition Act, 1894 (for short ‘the Act’) and directing the respondents to conduct enquiry under Section 5A of the Act after following due process of law. The fact that the petitioners herein are also similarly situated is not disputed by the learned Government Pleader for Land Acquisition. In the circumstances, the declaration under Section 6 of the Act, dated 21.05.2008, insofar as the lands belonging to the petitioners herein, is hereby set aside and the writ petition is disposed of with a direction to the respondents to conduct enquiry under Section 5A of the Act, after following due process of law. It is made clear that the petitioners are at liberty to raise all the objections as available under law. No costs. _______________ 04.07.2008 VGB