IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWELTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 19854 of 2008 Between: 1 Maram Narapa Reddy @ Narayana Reddy S/o. Subba Reddy R/o. Buchireddipalem Village and Mandal, Sripottisreeramulu Nellore District. 2 Veerapa Reddy Sivakota Reddy S/o. Chinna Kota Reddy R/o. Panchedu Village, Buchireddipalem Mandal, Sripottisreeramulu Nellore District. ..... PETITIONERS AND 1 The Government of A.P., rep. by its Principal Secretary, ( Land Acquisition ) Secretariat Bldgs, Saifabad, Hyderabad. 2 The Government of A.P., Rep. by its Distirct Collector, ( Land Acquisition) Nellore, Sripotti Sreeramulu Nellore District. 3 The Revenue Divisional Officer, Kavali Revenue Division, Kavali, SPSR Nellore District. 4 The Tahsildar, Sangam Mandal, Sripotti Sreeramulu 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 may be pleased to issue a Writ, order or direction more particularly one in the nature of writ of Certiorari: call for the records relating to Notiﬁcation issued by the 2nd respondent vide RC G3/3769/08 dated 28-8-2008 and quash the same as illegal and consequently direct the respondents not to dispossess the petitioners 1&2 from the lands in S.No.4/1 for an extent of Ac. 0.70 in so far as the 1st petitioner and for an extent of Ac. 1.50 cents in so far as 2nd petitioner situated at Duvvuru Village, Sangam Mandal, Sripottisreeramulu Nellore District in the interest of justice. Counsel for the Petitioners:MR.T.C.KRISHNAN Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following : THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.19854 of 2008 ORDER: The District Collector, Nellore, issued a notiﬁcation, dated 28.08.2008, under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’) proposing to acquire Acs.3.00 of land belonging to the petitioners herein for the purpose of providing house sites to the weaker sections. The petitioners state that they are small farmers and the acquisition is contrary to the circulars issued by the Government from time to time. 2. Heard the learned counsel for the petitioners and the learned Government Pleader for Land Acquisition. 3. The 2nd respondent did not dispense with enquiry under Section 5-A of the Act. The very purpose of the enquiry under Section 5-A of the Act is to enable the eﬀected parties to submit their representations and to require the Land Acquisition Oﬃcer to consider the same. The petitioners state that they have already presented their objections on 06.09.2008. This Court is not inclined to interfere with the notiﬁcation under Section 4(1) of the Act. 4. The writ petition is, accordingly, disposed of, leaving it open to the petitioners to put forward their contentions in the enquiry being held under Section 5-A of the Act and the 2nd respondent shall take the same into account before publishing declaration under Section 6 of the Act. No costs. ___________________ L.NARASIMHA REDDY,J 12.09.2008 v v