IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GOPALAKRISHNA TAMADA Writ Petition No.3997 of 2008 Between: 1. Sri. M. V.V. Prasad Reddi S/o late Appala Swamy Reddy, R/o Allipuram Visakhapatnam. 2. M. Premalatha D/o Late Appala Swamy Reddy, R/o Allipuram Visakhapatnam. 3. M. Rupa Kumari D/o Late Appalaswamy Reddy, R/o Allipuram Visakhapatnam. 4. M.S.S. Prabhakar Reddy S/o Late Appala Swamy Reddy, R/o Allipuram Visakhapatnam. 5. M. Lavanya Kumari D/o Late Appala Swamy Reddy, R/o Allipuram Visakhapatnam. ... PETITIONERS AND 1. The District Collector, Krishna at Machilipatnam. 2. The Revenue Divisional Officer, Vijayawada, Krishna District. 3. The Commissioner of Police Urban, Vijayawada City, Krishna district 4. The Vijayawada Municipal Corporation, rep by its Commissioner, Vijayawada, Krishna 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 may be pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the impugned 4 (1) notification dated 11-09- 2007 issued by 1st respondent for the land in NTS.No.304/A1 to an extent of 113.33 sq. yards situated in Krishna Lanka, Vijayawada of Krishna District showing the name of one Volluru Punnayya as pattadar and enjoyer, who is a non-existing person, and without showing petitioners’ names as pattadars by virtue of their title under registered documents referred to in the affidavit, and attempting to dispossess them and their tenants from the property without following due process of law under the Land Acquisition Act and without hearing petitioners’ objections on the proposed acquisition, as illegal, arbitrary, capricious and violative of Article 300-A of the Constitution of India and consequently to set aside the said 4(1) notification including the consequential steps taken, if any, in pursuance of 4(1) notification such as section 6 declaration etc., and direct the respondents to follow the due process of law under the Land Acquisition Act if their land is required for any public purpose by showing their names in 4(1) notification and hearing their objections under Section 5-A of the Land Acquisition Act or to pass any other order or orders. Counsel for Petitioner: Smt. N. (P). Anjana Devi & Sri P. Satyanarayana Counsel for the Respondents 1&2: GP for Land Acquisition Counsel for the Respondent No.3: GP for Home Counsel for the Respondent No.4: Smt. K. Aruna The Court made the following: ORDER: - The grievance of the petitioners is that while issuing a notification under Section 4(1) of the Land Acquisition Act, 1894 (for short, ‘the Act’), the District Collector, Krishna invoking the powers conferred under Section 17(4) of the Act dispensed with the enquiry to be held under Section 5-A of the Act. 2. However, on instructions, learned Government Pleader submitted that though in the notification under Section 4(1) of the Act it is stated that the enquiry as contemplated under Section 5-A of the Act is dispensed with, in reality an enquiry is proposed and in that context a notice in Form – III as provided for under Section 5-A of the Act was given to the petitioners on 05-01-2008 informing that an enquiry by the Sub Collector at Vijayawada will be held on 23-01-2008 and if the petitioners have any objections they may appear in person and file their objections. 3. In the light of the said notice, it cannot be said that the enquiry under Section 5-A of the Act is dispensed with. In view of the fact that the Sub Collector has issued a notice in Form – III, proposing to conduct an enquiry and it is further stated by the learned Government Pleader that Section 5-A enquiry is not yet conducted, the petitioners are hereby directed to appear in person before the Sub Collector, Vijayawada and offer their objections, and thereafter the Sub Collector shall after giving personal hearing may pass appropriate orders. 4. Accordingly, the writ petition is disposed of at the stage of admission. ________________________________ JUSTICE GOPALAKRISHNA TAMADA Dt.18-03-2008 GLV ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER Copy to: 1. The District Collector, Krishna at Machilipatnam 2. The Revenue Divisional Officer, Vijayawada, Krishna District. 3. The Commissioner of Police Urban, Vijayawada City, Krishna District 4. The Vijayawada Municipal Corporation, rep by its Commissioner, Vijayawada, Krishna District. 5. 2CCs to 6. 2CD copies Form-NIC-OGS/WP{TRT}