IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 9499 of 2008 Between: 1 Bandi Umamaheswari W/o.Maheshwara Rao R/o.Piduguralla Guntur District 2 Mokkapati Satyavani W/o.Srinivasa Rao R/o.Bramhanapally Piduguralla mandal Guntur District ..... PETITIONERS AND 1 The State of AP., rep.by its Principal Secretary Revenue Department, Secretariat, Hyderabad 2 The Special Collector (Land Acquisiton ), K.L.Rao Sagar (Pulichintala Project, Guntur, Guntur District 3 The Land Acquisition of Law and Special Collector Land Acquisition Wing-I, K.L.Rao Sagar (Publichintala) Project, Guntur, Guntur District .....RESPONDENTS 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 issue a writ or direction under Article 226 of the Constitution of India particularly one in the nature of writ of mandamus declaring the Draft Notification issued by the 2nd and 3rd respondent in Rc.No.67/200 C.1 dated 8.4.2008 to the extent of S.No.162 of Choutapapayapalem Rajupalem Mandal, Guntur District published in Eenadu Telugu Daily dated 10.4.2008 as unjust arbitrary, and illegal. Counsel for the Petitioner:MR.NUTHALAPATI KRISHNA MURTHY Counsel for the Respondents : GP FOR LAND ACQUISITION The Court made the following : O R D E R: The petitioners herein claim to be the owners of Acs.5.00 of dry land situated in Sy.No.162 of Choutapapayapalem Village, Rajkupalem Mandal, Guntur District. This writ petition is filed challenging the notification dated 08-04-2008 published under Section 4(1) of the Land Acquisition Act, 1894 acquiring Acs.10.43 cents of land situated in Sy.No.162 for a public purpose namely construction of Dr.K.L.Rao Sagar (Pulichinthala) Project. According to the petitioners, the Acs.5.00 of land owned by them is also included in the land acquired under the impugned notification. It is alleged that the names of the petitioners were not mentioned in the impugned notification and without giving any opportunity to them to raise their objections against the acquisition, the respondents are taking steps to dispossess them. The learned Government Pleader for Land Acquisition, under instructions, stated that since the petitioners have already filed their objections on 22-04-2008, and since under the impugned notification the enquiry under Section 5A of the Act has not been dispensed with, whatever objections have been raised by the petitioners will also be considered by the competent authority while conducting the enquiry under Section 5A of the Act. Having regard to the said submission made by the learned Government Pleader, I am of the opinion that no further adjudication is necessary in this writ petition. Accordingly, the writ petition is disposed of with a direction to the respondents to consider the objections raised by the petitioners dated 22-04-2008 and afford them an opportunity as contemplated under law before taking any further steps pursuant to the impugned notification dated 08-04-2008. No costs. _____________ G. ROHINI, J Dated 9th June, 2008 vrn ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Principal Secretary Revenue Department, the State of AP., Secretariat,Hyderabad 2 The Special Collector (Land Acquisiton ), K.L.Rao Sagar (Pulichintala Project, Guntur, Guntur District 3 The Land Acquisition of Law and Special Collector Land Acquisition Wing-I, K.L.Rao Sagar (Publichintala) Project, Guntur, Guntur District 4 Two CCs to the Government Pleader for Land Acquisition, High Court Buildings, Hyderabad (OUT) 5 Two CCs.