THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.5696 of 2007 ORDER: The 1st respondent published a notification on 07.02.2007 under Section 4(1) of the Land Acquisition Act (for short ‘the Act’) proposing to acquire Ac.2.00 of land in Survey No.34/1C and Ac.1.61 cents of land in Survey No.147/1B of Kumudupalli Village, Palakoderu Mandal, West Godavari District for providing house sites to the poor. The petitioner claims to be the owner of the land in Survey No.34/1C. He challenges the notification, mainly on the ground that the permission/clearance under the A.P. Agricultural Land (Conversion for Non-agricultural Purposes) Act, 2006 (for short ‘the 2006 Act’) was not obtained. The respondents filed counter affidavit stating inter alia that the permission is not necessary in view of the judgment of this Court in R.Veera Raghava Prasad vs. District Collector,Krishna District[1]. Heard the learned counsel for the petitioner and the learned Government Pleader for Land Acquisition. The principal ground urged by the petitioner is no longer res integra. In R.Veera Raghava Prasad’s case (1 supra), this Court held that the permission under the 2006 Act is not a condition precedent for acquiring the lands, by invoking the provisions of the Act. So far as the other contentions of the petitioner are concerned, the same can be urged by him in the course of enquiry under Section 5-A of the Act. Therefore, the writ petition is disposed of leaving it open to the petitioner to urge all the grounds in the enquiry under Section 5-A of the Act. The respondents shall take the same into account before a declaration under Section 6 of the Act is published. There shall be no order as to costs. __________ 01.06.2010 JSU THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.5696 of 2007 Date: 01.06.2010 JSU [1] 2008(2) ALT 136