THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.22027 of 2009 ORDER: A notification under Section 4 (1) of the Land Acquisition Act, 1894 (for short ‘the Act’) was issued by respondent No.1 on 25.08.2008 proposing to acquire Acs.1.50 cents of land in Survey Nos.180/1P, 180/4 and 180/2P of Kuchikayalapudi, Hamlet of Sherikalvapudi, Gudlavalleru Mandal, Krishna District, owned by the petitioner. Urgency clause under Section 17 (4) of the Act was not invoked. The petitioner states that no enquiry was conducted and though quite a large number of owners of the land are willing to offer their lands for acquisition, the land of the petitioner was chosen for extraneous reasons. The respondents filed a counter-affidavit denying the allegations. It is stated that the notice of enquiry under Section 5-A of the Act was sent to the petitioner and there was no response. The allegation that other lands are available in the Village is denied. The counter-affidavit is silent as to whether any declaration under Section 6 of the Act was published. Heard the learned counsel for the petitioner and the learned Government Pleader for Land Acquisition. Ac.1.50 cents of land, owned by the petitioner, is proposed to be acquired for providing house sites. The notification itself directs that enquiry under Section 5-A of the Act would be held. While the petitioner submits that neither she nor her representative received any notice, on behalf of the respondents, it is stated that the notice sent for this purpose was not returned. Be that as it may, the final opinion as to the suitability of the land for acquisition is yet to be formed and declaration under Section 6 of the Act was not yet published. The respondents themselves filed a copy of letter, dated 10.09.2009, addressed by the Tahsildar, Gudlavalleru Mandal, respondent No.3 herein, to the Revenue Divisional Officer, Gudivada, respondent No.2 herein, wherein he furnished the particulars of the lands that are offered by various individuals. These and other matters can certainly be taken into account, if an enquiry is conducted, under Section 5-A of the Act once again. Hence, the writ petition is disposed of, directing that the respondents shall issue fresh notice to the petitioner fixing a date for holding enquiry under Section 5-A of the Act. It shall be open to the petitioner to submit her objections in that enquiry and the respondents shall consider the same before any further steps are taken. There shall be no order as to costs. _______________________ L.NARASIMHA REDDY,J Dt: 29.04.2010. kdl