IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND FIVE PRESENT THE HON'BLE SRI JUSTICE C.Y. SOMAYAJULU WRIT PETITION NO : 439 of 1996 Between: 1. B.Malleswaramma ..... PETITIONER AND 1. The District Collector, Kurnool and 2 others .....RESPONDENTS Counsel for the Petitioner: MR. K.PALAKSHA REDDY Counsel for Respondents: GOVERNMENT PLEADER FOR LAND ACQUISITION The Court made the following: ORDER: This writ petition is filed questioning the action of the respondents acquiring Ac.2-00 of dry land in Survey No.11/C2 of Dowltapuram village, Chippagiri Mandal, Kurnool District, belonging to the petitioner for the purpose of providing house sites to the weaker sections of the society. 2. The contention of the learned Counsel for the petitioner is that due to political rivalry, the land of the petitioner is sought to be acquired for the purpose of house sites though other lands are available and dispensation of enquiry under Section 5(A) of the Land Acquisition Act, 1894 (for short, ‘the Act’), is only to deprive her of her livelihood and to prevent her put forth her contention of her being a small farmer. 3. Since the apex Court in Union of India Vs. Mukhesh Hans and Union of India Vs. Krishan Lal Arneja held that dispensation of enquiry under Section 5(A) of the Act in a routine fashion is improper, this writ petition is disposed of, with a direction to the respondents to conduct enquiry under Section 5(A) of the Act and take further steps in accordance with the provisions of the Act. ______________________ C.Y. SOMAYAJULU, J 28th July, 2005. Ak