THE HON’BLE MR JUSTICE NOUSHAD ALI Writ Petition No.25420 of 2006 ORDER : The order dated 13-11-2006 in Reference No.G3/1949/2006 made by the 2nd Respondent-Joint Collector, East Godavari District, Kakinada under Section 5-A of the Land Acquisition Act is under challenge at the instance of the petitioner in this Writ Petition. The petitioner is the owner of an extent of Ac.2.00 of land situate in Sy.No.67/1 of Nidasanametta Village, Kapileswarapuram Mandal, East Godavari District. Out of the said land, an extent of Ac.1.50 cents was acquired by means of a Draft Notification dated 26-09-2006 issued under Section 4(1) of the Land Acquisition Act. The 3rd Respondent issued Notice, dated 30-09-2006 and conducted enquiry under Section 5-A of the Act. The petitioner submitted his objections through counsel on 03- 11-2006. The 2nd Respondent, being the Land Acquisition Officer, is competent under Section 5-A of the Act to conduct enquiry, but he is not competent to pass orders. Contending that the orders passed by the 2nd Respondent as without jurisdiction, the petitioner has filed this Writ Petition. Heard Sri C.V.R.Rudra Prasad, learned counsel for the petitioner and the learned Government Pleader for Land Acquisition. Both the counsel fairly submit that the issue as regards the competency of 2nd Respondent to pass orders in the proceedings under Section 5-A of the Act has been decided by this Court in P.V.S.A.V.D.S.Subrahmanya Varma v. Secy. To Govt. of A.P., Revenue Department [1] holding that it is not competent for the Land Acquisition Officer to pass orders although he is competent to hold enquiry. The District Collector alone being competent, the Land Acquisition Officer should make over an enquiry report to him whereupon the District Collector alone is competent to pass orders. In view of the submission, this Writ Petition is allowed as follows : (i) The impugned order of the 2nd Respondent dated 13-11- 2006 in Reference No.G3/1949/2006 is set aside; (ii) the 2nd Respondent is directed to make over the enquiry report pursuant to the provisions of Section 5-A of the Act to the 1st Respondent; and (iii) the 1st Respondent is directed to consider the same and pass appropriate orders in accordance with law. The learned counsel for the petitioner submits that after the Writ Petition has been filed, the petitioner has obtained relevant information which has a bearing on the objections raised before the 2nd Respondent and seeks permission to submit the said representation to the 1st Respondent. The petitioners are at liberty to submit any further representation to the District Collector. There shall be no order as to costs. ________________ NOUSHAD ALI, J. 08th February, 2011. skmr THE HON’BLE MR JUSTICE NOUSHAD ALI Writ Petition No.25420 of 2006 Date : 08-02-2011 Between : Smt.Gunnam Uma Subbalakshmi .. Petitioner and The District Collector, East Godavari District, Kakinada and 2 Others .. Respondents [1] (2010) 6 ALD 727