THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.24025 of 2009 ORDER: The petitioner is the owner of premises bearing Door Nos.1/960 to 963 of Nagarajupalli Village, Kadapa town. The premises abut the road from Yerramukla Circle to S.V.Degree College. The Municipal Corporation, Kadapa proposed to widen the road from the existing 50 feet to 70 feet. For that purpose, the District Collector, Kadapa issued a notification, dated 31.07.2008 under Section 4(1) of the Land Acquisition Act (for short ‘the Act’) proposing to acquire various properties abutting the road including the one of the petitioner. The notification was published in the gazette on 01.08.2008. A declaration under Section 6 of the Act was issued on the same day i.e., 31.07.2008 and was published in the local newspapers on 02.08.2009. The notice in Form-III for holding enquiry under Section 5-A of the Act was issued by the Revenue Divisional Officer, Kadapa on 04.08.2008. The petitioner challenges the said proceedings on various grounds. Heard the learned counsel for the petitioner and the learned Government Pleader for Land Acquisition. The facts of the present case disclose total lack of application of mind on the part of the District Collector and the Revenue Divisional Officer, Kadapa. The notification under Section 4(1) of the Act was issued on 31.07.2008 and published in the gazette on 01.08.2009. It does not indicate that enquiry under Section 5-A of the Act is dispensed with. Therefore, it was permissible for them to publish declaration under Section 6 of the Act, only after completion of the enquiry under Section 5-A of the Act. Curiously a declaration under Section 6 of the Act was issued simultaneously along with the notification under Section 4(1) of the Act i.e., on 31.07.2008 and it was published on 02.08.2009. As though this illegality is not sufficient, the Revenue Divisional Officer issued notice, dated 04.08.2008 under Section 5-A of the Act inviting objections. It is just ununderstandable as to how an enquiry is proposed after declaration under Section 6 of the Act is published. Therefore, the writ petition is allowed and the declaration published under Section 6 of the Act is set aside. It is left open to the respondents to conduct fresh enquiry under Section 5-A of the Act and to take further steps in accordance with law. There shall be no order as to costs. __________ 27.04.2010 JSU THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.24025 of 2009 Date: 27.04.2010 JSU