IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SEVENTH DAY OF JULY, TWO THOUSAND AND ELEVEN PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.16163 of 2007 Between: Talluru Kamakshamma & another … Petitioners And The District Collector, East Godavari District at Kakinada & others. … Respondents Counsel for the petitioners: None Counsel for the respondents: GP for Land Acquisition This Court made the following: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.16163 of 2007 ORDER:- This Writ Petition is filed for a Mandamus to declare the action of the respondents in seeking to dispossess the petitioners from the lands in their respective occupation without holding enquiry under Section 5A of the Land Acquisition Act, 1894 (for short, “the Act”) as illegal and arbitrary. The petitioners are the owners of land admeasuring Ac.1.58 cents and Ac.2.48 cents in R.S.Nos.261/2 and 262/2 respectively of Tatiparthi village, Peddapuram Mandal, East Godavari District, which are notified for acquisition for the purpose of providing house sites to the weaker sections. The said land is an agricultural land. The main ground on which this Writ Petition is filed is that the very proposal to acquire the agricultural land for non-agricultural purpose without converting the land use is illegal and impermissible. As regards the enquiry under Section 5A of the Act, it is specifically pleaded in the counter affidavit that the petitioners filed the present Writ Petition after filing their objections in the enquiry under Section 5A. As the very premise on which the Writ Petition is filed does not exist in view of the judgment of this Court in R.Veera Raghava Prasad and others v. District Collector, Krishna District at Machilipatnam and another[1], wherein it was held that conversion of nature of land use is not sine qua non for acquisition, no relief can be granted to the petitioners in this Writ Petition. Accordingly, the writ petition is disposed of directing the respondents to issue notice to the petitioners fixing a date of hearing and thereafter appropriate orders under Section 5A of the Act can be passed, after considering the objections filed by the petitioners and giving them an opportunity of personal hearing. As a sequel to disposal of the Writ Petition, WPMP.No.20546 of 2007 and 10619 of 2008 are disposed of as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J Date: 27.07.2011 ES [1] 2008 (2) ALT 136