IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 7044 of 2008 Between: Uppalapati Subba Rao S/o. Late Venkataratnam, Kommugudem Village, Tadepalligudem Mandal West Godavari District. ..... PETITIONER AND 1 The Revenue Divisional Officer cum Land Acquisition Officer, Eluru, West Godavari District. 2 The District Collector, West Godavari District, Eluru. .....RESPONDENT(S) 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 an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the impugned Notification by 2nd respondent in R.O.C.Nos.S.W./290/2007/G1, Dated 18.05.2007 issued under Section 4(1) of the Land Acquisition Act, 1894 published in Eluru Times News Paper on 22.05.2007 proposing to acquire the Petitioner's Agriculture lands in an extent of Ac.1.48 Cents in R.S.No.478/1 and Ac.0.52 in R.S.No.478/3 of Kommugudem Village, Tadepalligudem Mandal, West Godavari District is arbitrary, illegal, against to the provisions of the Land Acquisition Act, 1984 and violation of Articles 14 and 300-A of Constitution of India and consequently direct the respondents not to acquire the Petitioner's land. Counsel for the Petitioner: MR.NARASIMHA RAO GUDISEVA Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : Form-NIC-OGS/WP{MSN} O R D E R:- This writ petition is filed seeking a mandamus to declare the Notification dated 18.5.2007 issued by the 2nd respondent under Section 4(1) of the Land Acquisition Act, 1894 (for brevity “the Act”) proposing to acquire the petitioner’s agricultural land of an extent of Ac.1.48 cents in R.S.No.478/1 and Ac.0.52 cents in R.S.No.478/3 situated in Kommugudem village, as arbitrary and illegal. The petitioner asserts that he is the absolute owner of dry lands of an extent of Ac.1.48 cents in R.S.No.478/1 and Ac.0.52 cents in R.S.No.478/3 situated in Kommugudem village, Tadepalligudem Mandal and is in peaceful possession and enjoyment of them. The petitioner made a representation dated 30.4.2007 to the 1st respondent-Revenue Divisional Officer stating that he is a small farmer and not to acquire his lands. He also stated that Government waste lands of an extent of Ac.3.00 cents are available in R.S.Nos.439/1 and 460/2 for providing house sites. Now, the petitioner’s grievance is that in spite of his representation, the 2nd respondent-District Collector issued a Notification dated 18.5.2007 under Section 4(1) of the Act proposing to acquire his lands for the purpose of providing house- sites to weaker sections. The learned Government Pleader for Land Acquisition, on instructions, has stated that a notice dated 23.5.2007 was issued to the petitioner informing him that his objections will be considered and an opportunity of personal hearing will be afforded on 6.6.2007, and if the claimant has any grievance he can appear in person or through an advocate with required documentary evidence on 6.6.2007 so that an enquiry will be conducted in his presence. However, though the petitioner gave his objections on 5.6.2007, he did not appear in person before the 1st respondent- Revenue Divisional Officer. Hence, it appears that the Revenue Divisional Officer considered those objections and sent his remarks to the Government, which has not passed any orders so far. In the normal circumstances, this Court would not have exercised its discretion in favour of the petitioner as he was absent before the 1st respondent- R.D.O. in spite of the fact that a notice under Section 5(A) of the Act was issued with regard to the personal hearing. However, as no orders under Section 5A of the Act have yet been passed, the 1st respondent-R.D.O. is hereby directed to issue a notice to the petitioner under Section 5A of the Act informing the date of personal hearing, within a period of four weeks from the date of receipt of a copy of this order, so that the petitioner will appear in person and put forth his version. Till such time, no order under Section 5A of the Act shall be passed by the 2nd respondent-District Collector. With the above direction, this writ petition is disposed of. No costs. ______________ 21.04.2008 bcj