IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 20607 of 2008 Between: 1 Gandi Satyaveni W/o.Venkata Sattulu R/o. G-Vemavaram Village Tallarevu Mandal, E.G. District. 2 Yerramneedi Lova Kumari D/o.Surya Chandra Rao Being minor rep. by her Natural Guardian/Father Surya Chandra Rao S/o. Suranna R/o. G-Vemavaram Village, Tallarevu Mandal, E.G. District. 3 Yerramneedi Venkat Laxmi D/o.Surya Chandra Rao Being minor rep. by her Natural Guardian/Father Surya Chandra Rao S/o. Suranna R/o. G-Vemavaram Village, Tallarevu Mandal, E.G. District. ..... PETITIONER(S) AND 1 District Collector, East Godavari District at Kakinada. 2 Revenue Divisional Officer-cum-Land Acquisition Officer, Kakinada at Kakinada, East Godavari District. 3 Mandal Tahasildhar, Tallarevu Mandal, at Tallarevu, East 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 Mandamus declaring the action of the respondents in acquiring the land of the 1st Petitioner to an extent of Ac.0.30 Cts in Sy.No. 24 of G- Vemavaram Village, Tallarevu Mandal, Land of the 2nd Petitioner in Sy.No. 24 to an Extn of Ac.0-32 Cts of G- Vemavaram Village, Tallarevu Mandal, and the 3rd petitioners land to an extent of Ac.0-38 Cents in Survey No.24 of G- Vemavaram Village, Tallarevu Mandal, East Godavari District, without following procedure prescribed under Land Acquisition Act as illegal, arbitrary and against the principles of natural justice and in violation of Article 300-A of Constitution of India and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the land in question of the petitioner herein with out due process of law and pass such other order or orders. Counsel for the Petitioner:MR.V.SAI KUMAR Counsel for the Respondents.: GP FOR LAND ACQUISITION The Court made the following Order: Yerramneedi Surya Chandra Rao is said to be the owner of an extent of Ac.1.00 in Sy.No.24 of G-Vemavaram Village, Tallarevu Mandal, East Godavari District. Petitioners are said to be the daughters of Yerramneedi Surya Chandra Rao. The said Surya Chandra Rao is stated to have executed a gift deed dated 30-06-2008 in favour of the petitioners herein in respect of the land referred to above. The District Collector, East Godavari District, the ﬁrst respondent, published a notiﬁcation under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’) proposing to acquire the said land. During the course of the enquiry under Section 5-A of the Act, the petitioners are said to have submitted their representation. Their complaint is that respondents 1 and 2 are not entertaining their representation raising objections to acquisition. It is stated that the very notiﬁcation is defective in as much as it does not reflect the true owner. Heard the learned counsel for the petitioners and the learned Government Pleader for Revenue. The alleged transfer in favour of the petitioners by way of gift has taken place in the recent past. In the notiﬁcation under Section 4(1) or in the one, under Section 6 of the Act, the names of the owners mentioned in the revenue records are indicated. However, the claims or objections can be presented not only by the persons mentioned in the notiﬁcation but also others interested in the land. Respondents 1 and 2 are under obligation to consider every objection that is raised in response to the notice under Section 5-A of the Act. In the circumstances, the writ petition is disposed of directing that respondents 1 and 2 shall take into account the representation made by the petitioners also in response to the notice issued under Section 5-A of the Act and take further steps. It hardly needs a mention that the respondents cannot take possession of the land till an award is passed after publication of the notiﬁcation under Section 6 of the Act. No order as to costs. _______________________ L.NARASIMHA REDDY,J Dt:19-09-2008 usd To 1 The District Collector, E.G.District, at Kakinada. 2 The Revenue Divisional Officer-Cum-The Land Acquisition Officer, Kakinada, 3 The Mandal Thasildar, Tallaravu Mandal, East Godavari District. 4 Two CCs to GP for Revenue, High Court Buildings, Hyderabad (OUT). 5 Two CD copies.