THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WVMP.No.68 of 2007 AND WRIT PETITION. No.22842 of 2006 Date: 17.01.2008 Between: Gunnam Rajabbai & another … Petitioners AND The District Collector, East Godavari District at Kakinada & others. … Respondents Counsel for the petitioner : Sri K. Venkatesh Counsel for the respondents : Assistant Government Pleader for Land Acquisition THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WVMP.No.68 of 2007 AND WRIT PETITION No.22842 of 2006 ORDER:- WVMP.No.68 of 2007 is filed to vacate interim order dated 03.11.2006 passed in Writ Petition No.22842 of 2006. With the consent of the learned counsel for the petitioners and the learned Assistant Government Pleader for Land Acquisition, the writ petition itself is taken up for final disposal. Heard Sri K. Venkatesh, learned counsel for the petitioners and the learned Assistant Government Pleader for Land Acquisition. By notification dated 21.09.2006 issued under Section 4(1) of the Land Acquisition Act, 1894 (for short, ‘the Act’) certain lands belonging to the petitioners are proposed to be acquired for providing house sites to the people belonging to the weaker sections. A reading of the said notification discloses that the respondents invoked urgency clause under Section 17(4) of the Act and dispensed with enquiry under Section 5A of the Act. Assailing the said notification, the present writ petition is filed. The main grievance of the petitioners is that the respondents dispensed with the enquiry under Section 5A of the Act. This Court by order dated 03.11.2006 directed the respondents not to dispossess the petitioners from the land under acquisition. In the counter-affidavit filed by Revenue Divisional Officer, Kakinada, East Godavari District, it is averred as under: “In reply to the averments made in para 6 of the petitioners’ affidavit it is submitted that the contentions in this para are not true and correct as the enquiry under Section 5A was not dispensed with the draft notification under Section 4(1) of Land Acquisition Act and notice under Section 5A (in Form-3) of Land Acquisition Act was also issued posting the 5A enquiry on 08.11.2006 by the Revenue Divisional Officer, Kakinada and it was got published at prominent places as per rules. Notice under Section 5A enquiry was also got served on the other landowners notified in the D.N.” At the hearing, learned counsel for the petitioners admitted that in response to the notice issued by the Land Acquisition Officer, the petitioners filed their objections. Learned Assistant Government Pleader for Land Acquisition stated that the Land Acquisition Officer, who considered the objections of the petitioners, submitted his report to the District Collector, East Godavari and that no decision is taken as yet on the report submitted by the Land Acquisition Officer. In the light of the respective submissions of the learned counsel, the writ petition is disposed of without going into the merits of the case, inasmuch as the main grievance of the petitioners that enquiry under Section 5A of the Act is dispensed with no longer subsists and their objections are under consideration. Since an order of the District Collector on the report submitted by the Land Acquisition Officer is awaited, no further orders at this stage need be passed. In the event the District Collector passes any order adverse to the interest of the petitioners, they are left free to avail the appropriate remedy to question the same. Subject to the above observations, the writ petition is dismissed. As a sequel to dismissal of the writ petition, WPMP.Nos.29070 and 33411 of 2006 filed by the petitioners for interim relief are also dismissed. In view of dismissal of WPMP.Nos.29070 and 33411 of 2006, WVMP.No.68 of 2007 is also dismissed. C.V. NAGARJUNA REDDY, J Date: 17.01.2008 ES