The Hon'ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.16072 of 2007 Date: 22.07.2011 Between: P.Krishnaiah and another ..... Petitioners AND The District Collector, Nellore District and others .....Respondents Counsel for the Petitioners: Smt.A.Bala Bharathi Counsel for Respondents: GP for Land Acquisition The Court made the following: Order: This Writ Petition is filed for a Mandamus to set aside notification in Rc.G.No.3/3681/2007, dated 17-07-2007, issued under Section 4 (1) of the Land Acquisition Act, 1894 (for short ‘the Act’), whereunder the land admeasuring Ac.1- 00 cents, comprised in Survey Nos.977/A3 and 977/B1A of Kovur Village and Mandal, Nellore District, belonging to the petitioner, was proposed to be acquired under the provisions of the Act. I have heard Smt.A.Bala Bharathi, learned Counsel for the petitioners, and perused the record. The petitioners are owners of the above-mentioned land, out of which an extent of Ac.0-73 cents was notified for acquisition for providing house sites to the persons belonging to weaker sections. The petitioner has questioned this notification mainly on the plea that much before issuing the impugned notification, they have entered into agreement of sale, dated 24-02-2007, in favour of one Mekala Seshasaiah, S/o.Venkata Subbaiah of Nagendranagar of Nellore District, for a sale consideration of Rs.12,02,000/- and that, so far, they have received a sum of Rs.10 lakhs, out of the total sale consideration, on condition that the subject land will be measured and registered on or before 10-05-2007. It is further stated that as the survey could not be held before the said date, the sale deed could not be registered and that in the meantime, the impugned notification has been issued. A counter-affidavit has been filed by respondent No.2 wherein it is inter alia stated that after filing of the present Writ Petition, the petitioners have submitted their objections in response to the notices issued under Section 5-A of the Act and that thereafter, they have filed WP.No.17053 of 2007, in which this Court has granted interim order on 13- 08-2007, on account of which, the respondents were unable to proceed further with the enquiry. Today, this Court has dismissed WP.No.17053 of 2007 as withdrawn at the request of the learned Counsel for the petitioners, as she has realised that a second Writ Petition on the same cause, albeit at a subsequent stage of the acquisition proceedings, is not maintainable. The enquiry under Section 5-A of the Act is pending and could not be completed on account of the interim order granted by this Court in WP.No.17053 of 2007. In my opinion, at the first instance, the respondents shall be permitted to consider the objections filed by the petitioners as to the proposed acquisition. No jurisdictional issue, is raised by the petitioners, to interdict the acquisition proceedings initiated by the respondents at the pre-enquiry stage. In the event the petitioners feel aggrieved by the order, that may be passed in the enquiry under Section 5-A on their objections, then the cause, for the petitioners, to question the acquisition proceedings may arise. In this view of the matter, the Writ Petition is disposed of, without going into the merits of the case, with the direction to the respondents to give the petitioners an opportunity of personal hearing in the enquiry to be held under Section 5- A of the Act, pass appropriate order thereon and communicate the same to the petitioners within two months from the date of receipt of a copy of this order. As a sequel to disposal of the Writ Petition, WPMP.No.20418 of 2007, filed by the petitioners for interim relief, is disposed of as infructuous. ______________________ (C.V.Nagarjuna Reddy, J) 22nd July, 2011 LUR