IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION No: 20591 of 2008 Between: 1 Putta Veeraju S/o Late Venkata Rama Rao, Chelluru Rayavaram(M) East Godavari District 2 Putta Rama Krishna S/o Late Venkata Rama Rao, Chelluru Rayavaram(M) East Godavari District 3 Mallipudi Veeraswami W/o. Late Bapi Raju, Flat No.S2 Prashanthi Apartments Sri Ram Nagar Kakinada E.G District 4 Yarlagadda Sri Jyothi W/o Suresh Babu D.No.7-5A -2 Gopalakrishna Street Ramraopet,Kakinada East Godavari District ..... PETITIONER(S) AND 1 The Land Acquisition Officer Cum District Collector East Godavari District Kakinada 2 The Land Acquisition Officer-Cum Revenue Divisional Officer Kakinada,E.G District 3 The Tahasildar Kakinada Rural(M) East Godavari District .....RESPONDENT(S) 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 to issue a writ,order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents authorities without passing orders under Sec-5A and without issuing sec 6 Declaration under Land Acquisition act proced to take over the possession of the petitioners covered under 4(1) Notification Ref No.G2/1261/2008 dt 14-03-2008 for acquisition of ac 4-62 cents in Sy No.16/1 of Penumarthi (V) Kakinada Rural (M) East Godavari District is illegal and void and opposed to Article 14,19,21 and 300-A of constitution of India and consequently to direct the respondents not to intefere with the peaceful possession and enjoyment of the petitioner lands to extent of ac 1-98 cents of the land in Sy No.16/1 of Penumarthi(V) Kakinada Rural Mandal East Godavari Distrit without due process of law and pass Counsel for the Petitioner:MR.MUMMANENI.SRINIVASA RAO Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : ORDER: Heard Sri Mummaneni Srinivasa Rao, learned counsel for the petitioners, and the learned Government Pleader for Land Acquisition, and at their request the writ petition is being finally disposed of at the stage of admission. The grievance of the petitioners, in this writ petition, is that, even without passing orders under Section 5-A of the Land Acquisition Act (for short – ‘the Act’), and without issuing a declaration under Section 6 of the Act, the respondents were seeking to dispossess the petitioners of the land under acquisition. Learned Government Pleader for Land Acquisition, on instructions, would submit that, while an enquiry under Section 5-A of the Act was conducted, no final orders have yet been passed. She would further state that till an Award is passed, adhering to the provisions of the Act, the petitioners will not be dispossessed therefrom. This Court, while ordering notice before admission, passed an interim order that the respondent shall not take possession of the land in question unless and until the declaration under Section 6 of the Act is published and an Award under Section 11 of the Act is passed. In view of the submission now made by the learned Government Pleader for Land Acquisition, the writ petition itself is disposed of holding that the petitioners shall not be dispossessed from the lands under acquisition, till an Award is passed under Section 11 of the Act. No order as to costs. _____________________________ RAMESH RANGANATHAN, J 25th November 2008 CVRK