THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.5799 of 2007 Dated 20th July, 2011 Between: Nandyala Radha Krishna Murthy …Petitioner And The District Collector, West Godavari District and others …Respondents Counsel for the petitioner: --- Counsel for respondents: GP for Land Acquisition The Court made the following: ORDER: At the interlocutory stage, the writ petition is taken up for hearing and disposal. This writ petition is filed for a mandamus to set aside notification, dated 02.03.2007, issued by respondent No.1 under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’). The principal ground on which the writ petition is filed is that the proposed acquisition of the petitioner’s agricultural land without its conversion for non-agricultural purpose is illegal. At the hearing, the learned Government Pleader for Land Acquisition submitted that this issue is no longer res integra in view of the judgment of this Court in R.Veera Raghava Prasad and others v. District Collector, Krishna District at Machilipatnam and another[1], wherein this Court has held that the conversion of the use of the land for non-agricultural purpose is not sine qua non for acquisition. In the counter affidavit filed by respondent No.2, it is averred that in response to the notice issued under Section 5-A of the Act, the petitioner has submitted his objections through his counsel during the enquiry on 28.03.2007 and without awaiting passing of an order, the petitioner filed the present writ petition. With the rejection of the main ground raised by the petitioner in the writ petition, I do not find any conceivable reason to adjudicate the writ petition on the validity of the notification issued under Section 4(1) of the Act, as the enquiry under Section 5-A of the Act is still pending and no orders therein have been passed so far. As such, the writ petition is disposed of without going into the merits of the case with the direction to the respondents to give an opportunity of personal hearing to the petitioner or to his counsel in the enquiry to be held under Section 5-A of the Act, pass an appropriate order and communicate the same to the petitioner. As a sequel to disposal of the writ petition, interim order, dated 23.03.2007, shall stand vacated and W.P.M.P.No.7403 of 2007 and W.V.M.P.No.2349 of 2007 are disposed of as infructuous. C.V.NAGARJUNA REDDY, J 20th July, 2011 VGB [1] 2008 (2) ALT 136