IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 16425 of 2008 Between: Matrix Sea Foods India Private Limited, rep. by its Director, V. Siva Prasad, S/o. V. Krishnaiah, D.No.7-1-644/17A, Sundernagar, Erragadda, Hyderabad. ..... PETITIONER AND 1 Government of Andhra Pradesh, rep. by its Principal Secretary, Infrastructure and Investment (Ports-I) Department, Secretariat, Building, Hyderabad. 2 Special Deputy Collector (Land Acquisition), Bandula Obula Reddy Gundla Kamma Reservior Project, Ongole, Prakasam District. 3 The Mandal Revenue Officer, Chinnaganjam Mandal, Ongole Revenue Division, Prakasam 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 issues writ of Mandamus declaring the action of the respondents to acquire the petitioner's land admeasuring Ac.32-44 Cents of Motupalli Village, Chinaganjam Mandal, Prakasam District along with other's lands, by setting aside the notification, issued under Section 4(1) of the Land Acquisition Act, vide G.O.Ms.No.31/I & I/(Ports-1) Department, dated 11.07.2008, so far as the petitioner's lands are concerned, as published in the Surya Daily News Paper, dated 13.07.2008 as illegal, arbitrary, violative of Article 14, 300-A of the Constitution of India and contrary to the provisions of the Land Acquisition Act, 1864, consequently direct the respondents not to dispossess the petitioner from the possession of its land admeasuring Ac.32-44 Cents out of Sy.Nos.143/3,143/4,143/5,143/6,143/8,143/9,143/10,143/11,144/1,144/5,144/7,144/8,144/10,144/11,144/12,144/13,1 situated at Motupalli Village, Chinaganjam Mandal, Prakasam District. Counsel for the Petitioner: MR.L.PRABHAKAR REDDY Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 16425 of 2008 O R D E R: The petitioner herein claims title and possession in respect of Ac.32.44 cents of lands situated in different survey numbers of Motupally village, Chinna Ganjam Mandal, Prakasam District. The said land was sought to be acquired under the provisions of Land Acquisition Act, 1894(for short ‘the Act’) for a public purpose namely construction of ship yard port and industrial corridor. The notice under Section 4(1) of the Act was published on 11-07-2008 under which the Special Deputy Collector (Land Acquisition Officer) Kandula Obula Reddy Gudlakamma Reservoir, was authorized to conduct enquiry under Section 5-A of the Act. The petitioner states that so far no notice has been served for the proposed enquiry under Section 5-A of the Act, and no further steps have been taken pursuant to the notification dated 11-07-2008. However, the respondents are attempting to interfere with the possession of the land in question belonging to the petitioner. Hence, this writ petition seeking a Mandamus declaring the alleged action of the respondents as arbitrary and illegal. Having heard the learned counsel for the petitioner, the learned Government Pleader for Land Acquisition appearing for the respondents and having regard to the fact that under the notification dated 11-07-2008, the urgency clause under Section 17(4) of the Act has not been invoked and the enquiry under Section 5-A of the Act is proposed to be conducted, it is not open to the respondents to interfere with the possession of the land in question without conducting such enquiry and without taking further steps as contemplated under the Act. Accordingly, while leaving it open to the petitioner to participate in the enquiry and submit its objections to the acquisition, the writ petition is disposed of with a direction to the respondents not to interfere with the possession of the petitioner in respect of the land in question without following due process of law. No costs. ______________ G. ROHINI,J Date: 30-07-2008 KLP