IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 13182 of 2008 Between: 1.Bandaru Raghubabu S/o Seshagiri Rao 2.Bandaru Seshagiri Rao S/o Subba Rao Petitioners 1 and 2 are R/o H. No. 19-3-55, Padarthivari Street, Sangadigunta, Guntur Town, Guntur district. 3.Muvva Sulochanarani W/o Ramakrishna R/o H. No. 15-15, 33/4, Nandamuri Colony, 1st lane, Guntur, Guntur District. 4.Bandaru Rama Mohana Rao S/o Veeraiah R/o H. No. 2-6-5, Sthamabalagaruvu, Chodarypet, Guntur, Guntur District. ..... PETITIONERS AND 1.The State of Andhra Pradesh, rep by its Principal Secretary to (Revenue) land Acquisition Department, Secretariat, Saifabad, Hyderabad. 2.District Collector, Guntur District at Guntur. 3.Land Acquisition Officer-cum-Revenue- Divisional Officer, Guntur, Guntur District. 4.Tahsildar, Guntur Mandal, Guntur 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 declaring the notification in Rc No. 4391/07-G1, dt 14-11-2007 issued under Section 4(1) of the land Acquisition Act by the 2nd respondent as illegal, irregular, arbitrary, irrational, contrary to the provisions of land Acquisition Act, 1894 and offends articles 14, 21 and 300A of Constitution. Counsel for the Petitioners: MR.NIMMAGADDA SATYANARAYANA Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following ORDER: THE HON’BLE MS JUSTICE G.ROHINI Writ Petition No.13182 of 2008 ORDER: Heard both sides. The petitioners seek a declaration that the notification, dated 14.11.2007, published under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’) for acquisition of their lands situated in Etukuru Village, Guntur Mandal and District, for the purpose of providing house sites under Indiramma Housing Scheme Phase-II, is arbitrary and illegal. At the out set, it is to be noted that under the impugned notification, dated 14.11.2007, enquiry under Section 5A of the Act was proposed to be conducted and the Revenue Divisional Officer, Guntur, Guntur District was authorized to conduct the enquiry. The petitioners state that since they are small farmers, the proposed acquisition is unwarranted and therefore, they submitted their detailed objections before the third respondent-Revenue Divisional Officer, Guntur, Guntur District. It is also pleaded that having considered the said objections, the second respondent-District Collector, Guntur District directed vide proceedings, dated 28.11.2007, to explore an alternative site. It is alleged that despite such directions the respondents are proceeding to dispossess them from the lands in question high-handedly. Hence, this writ petition. Since under the impugned notification, the urgency clause under Section 17(4) of the Act has not been invoked and the enquiry under Section 5A of the Act is proposed to be conducted, the petitioners cannot be dispossessed without conducting such enquiry and without taking necessary further steps as provided under the Act. Hence, I deem it appropriate to dispose of the writ petition with a direction to the respondents to consider the objections raised by the petitioners and pass appropriate orders in accordance with law, if not already passed, before taking any further steps on the basis of the impugned notification, dated 14.11.2007. There shall also be a direction that the respondents shall not dispossess the petitioners from the lands in question, without following due process of law. The writ petition is accordingly disposed of. No costs. _______________ 24.06.2008 VGB