IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO.25805 of 2008 Between: Pasumarthi Venugopala Rao, S/o. Seetharamulu, R/o. Jagannadhapuram Village, Gopalapuram Mandal, West Godavari District. ...PETITIONER AND 1 The State of Andhra Pradesh, Rep by is District Collector, West Godavari District at Eluru. 2 Land Acquisition Officer-cum-Revenue, Divisional Officer, Jangareddygudem, West Godavari District. 3 Tahsildar, Gopalapuram Mandal, West Godavari 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 action of the respondents in deciding to acquire the petitioner land of Ac. 1.00 cents in Survey No. 1048/2 of Atchyuthapuram Village pursuant to notification issued under Section 4 (1) of the Land Acquisition Act published at page 5 and 6 on part I of the Andhra Pradesh Gazette No. 236, dt. 3-5-2007 and refusing to receive objections to the notice dt. 07- 11-2008 issued by the 2nd respondent as illegal, arbitrary, irrational, vitiated by political malafides and contrary to the provisions of Land Acquisition Act, 1894 and offends articles 14, 21 and 300A of constitution of India and consequently direct the respondents to drop acquisition of said land. Counsel for the Petitioner: MR.NARAM.NAGESWARA RAO Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following: THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO.25805 of 2008 ORDER: This Writ Petition is filed seeking a Mandamus declaring the action of the respondents in deciding to acquire the petitioner’s land to an extent of Ac.1.00 in survey No.1048/2 of Atchyuthapuram Village pursuant to the notification issued under Section 4 (1) of the Land Acquisition Act, 1894 (“the Act” for brevity), published in Andhra Pradesh Gazette No.236 dated 03.05.2007 and refusing to receive objections to the notice dated 07.11.2008, as arbitrary and illegal. According to the petitioner, he is the owner and possessor of land to an extent of Ac.1.00 in survey No.1048/2 of Atchyuthapuram Village and the same was proposed to be acquired under the Act. A notification under Section 4 (1) of the Act was issued on 03.05.2008 and enquiry under Section 5-A of the Act is in progress. The petitioner filed his objections to the notice dated 07.11.2008 raising various grounds. However, the respondents have not taken the objections into consideration nor any enquiry is conducted. Under those circumstances, without expressing any opinion on merits, the Writ Petition is disposed of directing the respondents to examine and consider the objections filed by the petitioner on 02.12.2008 and conduct an enquiry, if necessary and pass appropriate orders as per law within a period of four {4} weeks from the date of receipt of a copy of this order and communicate the same to the petitioner. No order as to costs. _____________ (C.V.RAMULU, J) 22nd January 2009 RRB