IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No : 3554 of 2008 Between: 1 T. Ramakrishna, S/o. Balachandra Rao, 2 T. Bala Chennaiah, S/o. Laxmi Narayana, 3 T. Sivaramakrishna, S/o. Laxmi Narasaiah, 4 T. Laxamana Rao, S/o. Laxmi Narasaiah, 5 T. Ramesh Babu, S/o. Laxmi Narasaiah, Petitioners 1-05 are AGriculturists and are residing at 5th Wad, Sattenapalli Town, Guntur District. 6 G. Hanumantha Rao, S/o. late Kondameedi Venkataratnam, R/o. Door No. 21-2-28, 23rd Ward, Sattenapalli, Guntur District. 7 A. China Veeranjaneyulu, S/o. Peda Ramaiah, R/o. Mangalagiri, Guntur District. 8 Smt. Manjula Sooramma, W/o. Pakkiraiah, R/o. Near Door No. 16-6-6, 17th Ward, Sattenapalli, Guntur District. 9 Smt. Katoori Yasodha, W/o. Chiranjeevi, R/o. Ganapathi Nagar, Atmakur Village, Mangalagiri Mandal, Guntur District. 10 K.S. Prabhakar Rao, S/o. Suryanarayana, R/o. Sheroff Bazaar, Tenali, Guntur District. 11 T. Sambasiva Rao, S/o. Lingaiah, R/o. Yerraguntlapadu Village, Phirangipuram Mandal, Guntur District. 12 M. Veeranjaneyulu, S/o. Koti Swamy, R/o. 11th Ward, Mangalagiri, Guntur District. 13 Seelam Sai Srinivas, S/o. Yedukondalu, R/o. Door No. 16-6-6, Bhavanarushi Nagar, Sattenapalli Town, Vaddevalli Area, Guntur District. 14 Smt. T. Anjaneyulu, S/o. Subba Rao, R/o. 16th Ward, Municipal Office Road, Sattenapalli, Guntur District. 15 Smt. B. Narasamma, W/o. Ramaiah, R/o. Near Venugopala Swamy Temple, Main Road, Sattenapalli Town, Guntur District. 16 A. Sambaiah, S/o. Appaiah, R/o. Bonthavari Veedhi, 5 Lamps Centre, Sattenapalli Town, Guntur District. 17 G. Srinivasa Rao, S/o. Venkateswarlu, R/o. Bonthavari Veedhi, 5 Lamps Centre, Sattenapalli Town, Guntur District. ..... PETITIONER(S) AND 1 The District Collector, Guntur, Guntur District. 2 The Revenue Divisional Officer, Guntur Division cum Land Acquisition Officer, Guntur, Guntur District. .....RESPONDENT(S) Counsel for the Petitioners: MR.B.CHINNAPA REDDY Counsel for the Respondents: AGP FOR LAND ACQUISITION The Court made the following: THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No : 3554 of 2008 ORDER: This writ petition is filed for a writ of mandamus to set aside notification dated 28.11.2007 issued under Section 4(1) of the Land Acquisition Act, 1894 (for short, ‘the Act’) to the extent it relates to the lands of the petitioners comprised in Sy.Nos. 149, 150, 162-1, 162-2A, 165-A, 165-B, 165-C, 167 and 168 of Sattenapalli Village, Guntur District. Heard Sri B. Chinnapa Reddy, learned counsel for the petitioners and the learned Assistant Government Pleader for Land Acquisition. The only grievance made out in the affidavit filed in support of the writ petition and as projected by the learned counsel for the petitioners at the hearing is that though the petitioners, some of whose names have not been shown in the impugned notification, approached respondent No.2 with objections to be filed in the enquiry under Section 5A of the Act, he has not permitted them to file the same. The petitioners apprehended that without receiving their objections and giving an opportunity of personal hearing, the respondents may go ahead with and finalize the acquisition proceedings. Under the scheme of the Act, every person interested irrespective of whether his name appears in the notification issued under Section 4(1) of the Act or not, is entitled to file his objections to the proposed acquisition and to be heard personally in the enquiry to be held under Section 5A of the Act unless such enquiry is dispensed with. A perusal of the record shows that enquiry under Section 5A of the Act has not been dispensed with and on the other hand notice was issued to the persons interested fixing 18.01.2008 as the date of enquiry. Therefore, respondent No.2 has obligation under law to entertain the objections, if any, filed by the petitioners and consider the same after giving opportunity of personal hearing. In these circumstances, respondent No.2 is directed to receive the objections of the petitioners if the same are filed within a period of two weeks from today and dispose of the same after giving an opportunity of personal hearing to them. Subject to the above observations, the writ petition is disposed of. It is needless to observe that the respondents shall communicate a copy of the order to the petitioners that may be passed by them after completion of enquiry under Section 5A of the Act. As a sequel to disposal of the writ petition, WPMP.No.4639 of 2008 filed by the petitioners for interim relief is disposed of as infructuous. C.V. NAGARJUNA REDDY, J Date: 21.02.2008 ES To 1.2CCs 2.2CD copies