THE HON'BLE SRI JUSTICE B.PRAKASH RAO And THE HON'BLE SRI JUSTICE G.BHAVANI PRASAD WRIT APPEAL NO.397 OF 2008 JUDGMENT: (Per the Hon’ble Sri Justice B.Prakash Rao) When the interlocutory application, for vacating the interim order granted by this Court, came up, the appeal itself is taken up for disposal at the instance of both the sides. Heard both the sides. The appellant herein is the unsuccessful writ petitioner in W.P.No.2339 of 2008, who approached this Court under Article 226 of the Constitution of India to declare the action of the respondents in trying to dispossess her from the land in question to an extent of Ac.1.00 in Survey No.77 situated in Brahmanagudem (V), Chagallu (M), West Godavari District, without following due process of law i.e., failing in issuance of notice under Section 5-A of the Land Acquisition Act, 1894 {“the Act” for brevity}. Briefly stated, the facts of the case are that the appellant claims that there is an agreement of sale dated 24.10.1991 from the pattadars of the land and when respondents Nos.4 and 5 refused to execute registered sale deed, she filed O.S.No.148 of 1992 on the file of the Senior Civil Judge, Kovvur, for specific performance of agreement of sale. The said suit was dismissed and hence, she filed A.S.No.90 of 2002 on the file of the V Additional District Judge, West Godavari District, Eluru, and the said appeal was disposed of, granting alternative relief of refund of sale consideration to the appellant- petitioner. Further, she filed a Second Appeal before this Court in S.A.No.1552 of 2007, which was dismissed by this Court on 21.10.2008. In the Writ Petition, the claim of the petitioner-appellant was only to the effect that she is entitled to notice, hearing and proceedings, as initiated under the provisions of the Act. Admittedly, so far, no award enquiry has been initiated nor any award is passed in respect of the land in question, which is acquired along with some other lands. Though it has been pointed out that an award has been passed in respect of other lands, it is only the authorities concerned i.e., the Land Acquisition Officer, has to pass an award after giving notice and opportunity to all the parties before passing such award. Hence, the Writ Appeal is disposed of. No costs. It is needless to mention that both the sides are entitled to raise all objections, which will be disposed of in accordance with law. Since the matter is pending for quite some time, the first respondent, who is the Land Acquisition Officer, shall complete the award enquiry and pass orders within a period of three months from the date of receipt of a copy of this order. _________________ (B.PRAKASH RAO, J) ____________________ (G.BHAVANI PRASAD, J) 16th August 2010 Note: CC by one week B/O RRB