THE HON'BLE MR JUSTICE N.V. RAMANA Writ Petition No.24088 of 2006 ORDER: This writ petition is filed by the petitioner seeking a writ of Certiorari calling for the records pertaining to the proceedings in R.O.C.No.F5/SW/404/2006 (G1), dated 06.10.2006, issued by the second respondent, namely, the District Collector, Eluru, West Godavari District and to quash the same as being contrary to the provisions of the Land Acquisition Act, 1894 (for short ‘the Act’). The petitioner claims that he is the owner of the land to an extent of Acs.0.55 cents situated in Survey No.19/2 of Yagarlapalli Village, Tadepalligudem Mandal, West Godavari District and eking out his livelihood by cultivating the same. While so, it is his case that through the impugned proceedings, the respondents have proposed to acquire certain lands in Survey Nos.18/2, 18/3, 19/14, 20/1-5, 21/1&2, including the subject land, for the purpose of construction of houses for the weaker sections of the society. Hence, he filed the present writ petition. The petitioner raised two grounds in the writ petition opposing the action of the respondents in proposing to acquire the subject land, namely, (1) he is a small farmer possessing small extent of land and (2) the publication of notification under Section 4(1) of the Act for acquiring the lands was not taken out by the respondents as per the provisions of the Act. This Court while issuing Rule nisi on 20.11.2006, granted interim stay in the matter. The respondents filed W.V.M.P.No.307 of 2007 seeking to vacate the said interim orders and also filed counter denying the allegations made by the petitioner. It is categorically stated in the counter that the petitioner is not a small farmer and that in fact, he and his family belong to rich community possessing large extents of land, apart from doing finance business. It is also stated that pursuant to the policy decision taken by the Government to provide permanent houses to the weaker sections of the society under ‘Indiramma Programme’ the first respondent, Revenue Divisional Officer, Eluru, along with the Mandal Revenue Officer, Mandal Surveyor and the Revenue Inspector concerned, has inspected Yagarlapalli village of Tadepalligudem Town and found that the land to an extent of Acs.17.02 cents in Survey Nos.18/2, 19/1 etc., is suitable for the purpose; and as there is no suitable alternative Government and Ceiling Surplus lands available, the Mandal Revenue Officer has submitted draft proposals for acquisition of the land to an extent of Acs.1.04 cents out of the said Acs.17.02 cents of land. Thereafter, the second respondent-District Collector has approved the draft notification under Section 4(1) of the Act, which was published in Gazette as well as in newspapers, the details of which are as follows: Sl.No. Mode of Publication Date of publication of Draft Notification 1. West Godavari District, District Gazette. 14.10.2006 2. Vasista Tims Newspaper 08.10.2006 3. Andhra Prabha daily Newspaper 09.10.2006 4. Substance in the locality 10.10.2006 Subsequently, even notices under Section 5-A of the Act were also issued to the owners concerned, including the petitioner, on 12.10.2006, requiring them to attend the enquiry on 26.10.2006 and to file objections, if any. Accordingly, the petitioner as well as other persons attended the enquiry and filed objections. The enquiry is pending. At that stage, the petitioner approached this Court and filed the present writ petition, wherein interim orders were granted by this Court, and in view of the same, the respondents could not proceed further. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Land Acquisition appearing for the respondents. From the respective pleadings of the parties, it is clear that the respondents-revenue authorities have proposed to acquire the land situated in Survey Nos.19/1 and 19/2, which includes the subject land of the petitioner, for the purpose of providing houses to the eligible persons under Indiramma Programme and accordingly, issued notification under Section 4(1) of the Act and also issued notices to the persons concerned, including the petitioner under Section 5-A of the Act. Pursuant to the same, the petitioner has even filed objections and the enquiry under Section 5-A is pending and at that stage, he filed the preset writ petition contending that he is a small farmer and the respondents have failed to carry out publication of notices as required under the Act. But, however, as is evident from the counter, the petitioner is not a farmer and the respondents have taken out publications in the Gazette as well as in some newspapers, as extracted above. Be that as it may, since the enquiry under Section 5-A of the Act is pending, the petitioner can raise his further objections, if any, before the respondents during the course of the enquiry. Therefore, instead of going into the merits of the matter, I deem it appropriate to dispose of the writ petition with a direction to the respondents to go ahead with the enquiry under Section 5-A of the Act and take appropriate action in the matter in accordance with law. The petitioner is at liberty to participate in the 5-A enquiry by filing further objections, if any. Accordingly, the writ petition is disposed of. No costs. ___________________ N.V. RAMANA, J. Date:12.03.2010 VGB