IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 3390 of 2008 Between: 1 Dubbaka Anji Reddy S/o.Sathi Reddy R/o.H.No.6-6-329, Vivekananda Nagar, Nalgonda Town, Nalgonda. 2 Srirangam Sreenivasulu R/o.H.No.6-4-100/C, Ravindranagar Colony, Nalgonda Town, Nalgonda. 3 Srirangam Krishna S/o.Srihari R/o.H.No.6-5-52, RAvindranagar, Nalgonda Town, Nalgonda. 4 Patalay Savithri @ Myskar Savithri W/o.M.Narsimha Rao R/o.H.No.6-2-1009, Thirumala Nagar Colony, Hyderabad Road, Nalgonda Town, Nalgonda. 5 Smt.Ravirala Mamatha W/o.Srinivasa Reddy R/o.Plot No.101, V.T. Colony, Hyderabad Road, Nalgonda Town, Nalgonda. ..... PETITIONERS AND 1 The Government of Andhra Pradesh, rep. by its Secretary, Social Welfare Department, Secretariat, Hyderabad. 2 The District Collector, Nalgonda. 3 The Land Acquisition Officer & Revenue Divisional Officer, Nalgonda. .....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 issue any appropriate Writ, order or direction more in the nature of Writ of Mandamus directing the Respondents 2 and 3 herein to afford reasonable opportunity of being heard to the petitioners and also for producing oral and documentary evidence to substantiate their case against the proposed acquisition, before sending a report to the Government for taking appropriate decision by the Government as envisaged under Section 5-A of the Land Acquisition Act in respect of the lands bearing Sy.Nos. 457, 461, 462 and 489 situated Cherlapally village of Nalgonda District which are sought to be acquired for public purpose i.e., to wit for construction of Houses for weaker section people under Indiramma Phase-II as per the notification issued under Section 4(1) of the Land Acquisition Act published by the Government dated 3.1.2008 by duly declaring the action of the 3rd respondent in not causing any inquiry on 28.1.2008 which fixed by him for causing inquiry as contemplated under Section 5-A of the Land Acquisition Act 1894 as arbitrary, illegal and contrary to the well settled principles of law. Counsel for the Petitioners:MR.V.RAVI KIRAN RAO Counsel for Respondent No.1 : None appeared Counsel for Respondent Nos.2&3: AGP FOR LAND ACQUISITION The Court made the following: ORDER: This writ petition is filed for a writ of mandamus to direct respondent Nos.2 and 3 to afford reasonable opportunity of being heard to the petitioners in the enquiry under Section 5A of the Land Acquisition Act, 1894 (for short ‘the Act’) in respect of the lands comprised in Survey Nos.457, 461, 462 and 469 of Cherlapally Village, Nalgonda District. Heard Sri V.Ravi Kiran Rao, learned counsel for the petitioners and the learned Assistant Government Pleader for Land Acquisition. The only grievance of the petitioners as reflected in their averments contained in the affidavit filed in support of the writ petition and as projected by the learned counsel for the petitioners at the time of hearing is that they are being denied an opportunity of personal hearing. The petitioners claim that on coming to know that enquiry was scheduled on 28.01.2008, they went to the office of respondent No.3 and waited there till 4.00 p.m. and that he failed to attend the office on that day. The petitioners averred that subsequently, no date was fixed for holding the enquiry and that they have reliably learnt that without any enquiry, respondent No.3 is taking steps for submitting enquiry report to respondent No.2. Since the petitioners have sought for innocuous relief of hearing their objections by giving them an opportunity of personal hearing, I am inclined to dispose of this writ petition without going into the merits of the case, directing Respondent No.3 to hear the petitioners by fixing a specific date for this purpose and before submitting his report to respondent No.2. Ordered accordingly. It is, however, made clear that if a report was already submitted by respondent No.3 and an order is passed by respondent No.2, the petitioners are left free to avail their remedies. C.V. NAGARJUNA REDDY, J 19th FEBRUARY, 2008 Note: furnish c.c. in three days. B/o kvni .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Secretary, The Government of Andhra Pradesh, Social Welfare Department, Secretariat, Hyderabad. 2 The District Collector, Nalgonda. 3 The Land Acquisition Officer & Revenue Divisional Officer, Nalgonda. 4 Two CCs to the Government Pleader for Land Acquisition, High Court of A.P., Hyderabad. 5 2 CD copies