IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 13467 of 2008 Between: 1.G. Radhakrishna Murthy S/o. Rangaiah R/o. Gannevaripalli Village, Tadipatri (M), Anantapur District. 2.G. Sreepathi Naidu S/o. Rangaiah R/o. Gannevaripalli Village, Tadipatri (M), Anantapur District. 3.G. Lakshmi Devi W/o. Venkakaiah R/o. Gannevaripalli Village, Tadipatri (M), Anantapur District. 4.G. Sreedevi W/o. P.V.Ramesh Babu R/o. Gannevaripalli Village, Tadipatri (M), Anantapur District. 5.G. Aruna W/o. G.Lakshminarayana R/o. Gannevaripalli Village, Tadipatri (M), Anantapur District. 6.G. Venkataramaiah S/o. Venkataiah R/o. Gannevaripalli Village, Tadipatri (M), Anantapur District. 7.Kakarla Rangaswamy S/o. Rangaiah R/o. Gannevaripalli Village, Tadipatri (M), Anantapur District. 8.K.Rangappa S/o. Chennappa R/o. Gannevaripalli Village, Tadipatri (M), Anantapur District. 9.L.Murali S/o. L.Rangaiah R/o. Tadipatri (V&M), Anantapur District. 10.P.Vasantha Naidu S/o. P.Ramaiah R/o. Tadipatri (V&M), Anantapur District. 11.A.Aswatha Naidu S/o. A.Chinnarayana R/o. Tataparipalli Village, Tadipatri (M), Anantapur District. 12.L.Ramanaidu S/o. L.Rangaiah R/o.Tadipatri (V&M), Anantapur District. 13.G. Ramanna S/o. Venkatappa R/o. Gannevaripalli Village, Tadipatri (M), Anantapur District. 14.G.Suryanarayana Swamy S/o. Rosanna R/o. Gannevaripalli Village, Tadipatri (M), Anantapur District. 15.P.Narayana S/o. Venkatappa R/o. Gannevaripalli Village, Tadipatri (M), Anantapur District. 16.G. Venkataiah S/o. Lakshmanna R/o. Gannevaripalli Village, Tadipatri (M), Anantapur District. 17.P.Lakshmidevi W/o. Sannanna R/o. Gannevaripalli Village, Tadipatri (M), Anantapur District. ..... PETITIONERS AND 1.The State of A.P., rep. by its Principla Secretary, Department of Revenue, Secretariat, Hyderabad 2.The District Collector, Anantapur District. 3.The Land Acquisition Officer & Revenue Divisional Officer, Anantapur. .....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 pass an order or orders or writ more particularly one in the nature of Writ of Mandamus declaring the notification issued under Section 4(1) of the Land Acquisition Act, 1894 as published in Gazette No. 56 of 19-4-2008 proposing to acquire the lands of petitioners in Sy.Nos.1080A, 1080B, 1080C and 1080D, 1081A, 1081B and 1081C, 1226A, 1228A, 1128B, 1128C, 1128D and 1128E admeasuring Ac. 1.72, Ac.0.91, Ac. 0.94, Ac.2.06, Ac. 1.30, Ac.1.28, Ac.1.43, Ac.6.19. Ac.3.07, Ac.3.02, Ac.4.35, Ac.1.63 and Ac.2.32 situated at Gannevaripalli Village, Tadipartri Mandal, Anantapur distirct as Arbitrary, illegal, violation of Principles of natural justice and contrary to the provisions of the Land Acquisition Act, 1894 and in violation of the petitioners rights guaranteed under Art. 14, 21 and 300A of the Constitution of India. Counsel for the Petitioners: M/SC.KODANDA RAM Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following ORDER: THE HON’BLE MS JUSTICE G.ROHINI Writ Petition No.13467 of 2008 ORDER: The lands belonging to the petitioners herein situated at Gannevaripalli Village, Tadipatri Mandal, Anantapur District, were sought to be acquired under the provisions of the Land Acquisition Act, 1894 (for short ‘the Act’) for the purpose of providing house sites to the beneficiaries selected in – Phase-II. The notification under Section 4(1) of the Act was published on 19.04.2008. Pursuant thereto, a notice was served on the petitioners on 08.06.2008 calling upon them to submit their objections in the enquiry proposed to be conducted under Section 5A of the Act. As per the said notice, enquiry was proposed to be conducted on 11.06.2008. Since the petitioners did not have sufficient time to submit their objections, it is stated that they made a representation before the third respondent to grant some more time. It is alleged that the third respondent did not consider their request and concluded the enquiry on 11.06.2008. Aggrieved by the said action of the respondents, the present writ petition is filed. A perusal of the notice issued in Form-3 under Section 5A of the Act shows that the enquiry was scheduled to be conducted on 11.06.2008. The petitioners have also placed before this Court, a copy of their representation, dated 09.06.2008, under which, the third respondent was requested to grant further time to submit their objections. In these circumstances, interests of justice would be met if sufficient opportunity is given to the petitioners to submit their objections to proposed acquisition. Accordingly, the writ petition is disposed of permitting the petitioners to submit their objections within a period of two weeks from today. If such objections are received within the time stipulated above, the third respondent shall consider the same and pass appropriate orders in accordance with law. No costs. _______________ 26.06.2008 Note: Issue CC in three days. (b/o) VGB