IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 8137 of 2008 Between: B.V.Ramana, W/o.Karimulla Rao R/o.D.No.9-10-2, Park Road, Sattenapalli, Guntur District. ..... PETITIONER AND 1 The District Collector, Guntur District, Guntur. 2 The Special Deputy Collector (Land Acquisition), Dr.K.L.Rao Sagar (Pulichintala) Project, Guntur. .....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 issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not issuing notices dt. 20.2.2008 issued by the 2nd respondent herein under Section 5-A of the Land Acquisition Act, 1984 to Petitioner is illegal, arbitrary and violative of Article 14 and 300-A of the Constitution of India and consequently set a side the notices issued by the respondents herein. Counsel for the Petitioner:MR.G.V.S.MEHAR KUMAR Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : Form-NIC-OGS/WP{KURR} O R D E R:- This writ petition is filed seeking a mandamus to declare the action of the respondents in not serving Notice dated 20.2.2008 on the petitioner which was issued by the 2nd respondent under Section 5(A) of the Land Acquisition Act, 1894 (for brevity “the Act”), as arbitrary and illegal. The petitioner asserts that she purchased an extent of Ac.8.46 cents of land in S.No.229/40-2 situated in Rajupalem village, Guntur District from Jangam Anjaneyulu and others under a registered sale deed, dated 5.1.2007 and since then she has been in continuous possession and enjoyment of it and her name was mutated in all the relevant revenue records. While so, the 2nd respondent-Special Deputy Collector issued a Notice dated 20.2.2008 under Section 5(A)of the Act to the petitioner’s vendors stating that the land in question is proposed to be acquired for providing house-sites to the poor under Pulichintal Project and directed them to appear before him and raise their objections if any in the enquiry to be conducted on 25.3.2008 under the provisions of the Act. The petitioner was not aware of the notice, as her name is not shown, but her vendors” names are shown. Then, she approached the 2nd respondent and represented to him that the land in question belongs to her. Now, the petitioner’s grievance is that though she approached the 2nd respondent and informed that she purchased the land in question from the vendors in the year 2007 and it belongs to her, the 2nd respondent has not issued her any notice nor has afforded her an opportunity of being heard, but is proceeding to acquire the land in question. Heard the learned counsel for the both the parties and perused the material placed on record. The facts of the case are not in dispute. The petitioner purchased the property in question under a registered sale deed dated 5.1.2007. When she became the absolute owner of the land prior to the Notification under Section 4(1) of the Act, the authority concerned, during the course of enquiry under Section 5(A) of the Act, shall hear the owner of the land but not the vendors. The notice under Section 5(A) of the Act was issued only to the vendors but not to the petitioner. Inasmuch as the enquiry was to be held on 25.3.2008 and the petitioner could not participate in that enquiry, and now that the petitioner is aware of the land acquisition proceedings, the petitioner is hereby directed to approach the Revenue Divisional Officer and file her objections within a period of two weeks from today so that the Revenue Divisional Officer may consider the objections after affording an opportunity of personal hearing, prepare a report and submit it to the Collector for necessary orders. With the above observation, this writ petition is disposed of at the admission stage. No costs. ______________ 16.04.2008 bcj