IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 12274 of 2008 Between: 1.Narayana Kanaka Durga, W/o. Venugopal, R/o. Ammavari Park Street, Pathuru, Tadepalligudem Town, West Godavari District. 2.Narayana Lakshmi, w/o. Rama Rao, R/o. Ammavari Park Street, Pathuru, Tadepalligudem Town, West Godavari District. ..... PETITIONERS AND 1.The State of Andhra Pradesh, Rep by its Principal Secretary to Revenue (Land Acquisition) Department, Secretariat, Saifabad, Hyderabad. 2.District Collector, West Godavari District at Eluru. 3.Land Acquisition Officer-cum-Revenue-Divisional Officer, Eluru, West Godavari District. 4.Tahsildar, Vungaturu 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 from their lands of A.c.1.97 cents covered by Survey Numbers 134/1, 134/2 and 134/3 of Bommidi Village pursuant to notification under Section 4 (1) of Land Acquisition Act in ROC No. G1/56/2006, dt. 19-5-2008 issued by the 2nd respondent without following due process of law thereafter as illegal irregular, arbitrary, irrational 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 not to dispossess the petitioners from their lands of A.c 1.97 cents covered by Survey Numbers 134/1, 134/2 and 134/3 of Bommidi Village pursuant to notification under Section 4 (1) of Land Acquisition Act in ROC No. G1/56/2006, dt. 19-5- 2008 issued by the 2nd respondent. Counsel for the Petitioners: MR.NIMMAGADDA SATYANARAYANA Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following ORDER: THE HON’BLE MS JUSTICE G.ROHINI Writ Petition No.12274 of 2008 ORDER: This writ petition is filed seeking a declaration that the alleged action of the respondents in seeking to dispossess the petitioners from the land to an extent of Acs.1.97 cents situated in Survey Nos.134/1, 134/2 and 134/3 of Bommidi Village pursuant to the notification under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’), dated 19.05.2008, without following due process of law is arbitrary and illegal. It is not disputed by the petitioners that a notification under Section 4(1) of the Act was published on 19.05.2008 followed by a notice dated 24.05.2008 proposing to conduct enquiry under Section 5A of the Act. However, it is alleged that the notice, dated 24.05.2008, was served on the petitioners only on 07.06.2008 and their request for granting further time to enable them to submit their objections was rejected by the third respondent. It is also alleged that the respondents are attempting to dispossess them from the land in question forcibly since the land is required for providing house sites. Hence, this writ petition. Heard the learned counsel for the petitioners and the learned Government Pleader appearing for the respondents. Since it is clear from the material on record that an enquiry under Section 5A of the Act is proposed to be conducted, I am of the opinion that no further adjudication is necessary except to direct the respondents to receive the objections that may be submitted by the petitioners and conduct necessary enquiry as contemplated under law before taking further steps pursuant to the notification, dated 19.05.2008. Accordingly, the writ petition is disposed of permitting the petitioners to submit their objections in response to the notice under Section 5A of the Act, dated 24.05.2008, within a period of two weeks from today, in which event, the respondents shall consider the same and pass appropriate orders following due process of law. No costs. _______________ 16.06.2008 Note: Issue CC in two days. (b/o) VGB