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 MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 5763 of 2008 Between: 1 Gorrepati Somasekhara Reddy S/o.Raghava Reddy Resident of 31-23-6, Maruthinagar, Vijayawada - 520 004. 2 Gorrepati Ramakrishna Reddy S/o.Raghava Reddy Resident of 31-23-6, Maruthinagar, Vijayawada - 520 004. 3 Gorrepati Pushpalatha W/o.Raghava Reddy Resident of 31-23-6, Maruthinagar, Vijayawada - 520 004. ..... PETITIONERS AND 1 The Government of Andhra Pradesh, Rep. by its Secretary, Revenue, Secretariat Buildings, Hyderabad. 2 The Government of Andhra Pradesh, Rep. by its Secretary, Irrigation, Secretariat Buildings, Hyderabad. 3 The Collector, Krishna District, Machilipatnam. 4 The Revenue Divisional Officer-cum- Land Acquisition Officer, Gudivada, Krishna District, A.P. .....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 a Writ, direction or orders more particularly in the nature of Writ of Mandamus declaring the notification under Section 4 (1) of the Land Acquisition Act, issued by the respondents in Krishna District Gazette dated 31-10-2007 bearing Gazette No. 206/2007 and the orders of the fourth respondent herein passed under Section 5-A of the Act dated 28-01-2008 relating to the acquisition of the petitioners lands in Sy.No. 80/3 situated at Ramavarappadu Vilage of Vijayawada Rural, Krishna District as being illegal, arbitrary and violative Articles 14 and 300A of the Constitution of India and also the provisions of Andhra Pradesh Agricultural lands (Conversion for non agricultural purposes) Act, 2006 and BSO 15(4) and consequentially to set aside the said order of the 4th Respondent herein and also the subsequent notices issued under Section 9 and 10 of the Act and to direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioner's land in any manner and to pass such other order or orders which this Hon'ble Court deems fit and proper in the circumstances of the case. Counsel for the Petitioner: Mr.KISHORE RAI Counsel for the Respondentd: GP FOR LAND ACQUISITION The Court made the following : ORDER: Petitioners approached this Court and filed the present Writ Petition to declare the notification under Section 4(1) of the Land Acquisition Act (for brevity, ‘the Act’) issued by the respondents in Krishna District Gazette, dated 31-10-2007, bearing Gazette No.206 of 2007 and the order of the 4th respondent herein passed under Section 5-A of the Act, dated 28-01-2008, relating to the acquisition of the petitioners’ lands in Sy.No.80/3 situated at Ramavarappade village of Vijayawada rural, Krishna District, as illegal and arbitrary. 2. Heard learned counsel appearing for the petitioners as well as the learned Government Pleader for Land Acquisition appearing for the respondents. 3. The only contention put forth by the learned counsel appearing for the petitioners is that though the petitioners filed their objections as provided for under Section 5-A of the Act and though the said provision of law clearly mandates that the petitioners shall be given the opportunity of personal hearing before an order of rejection is passed, the 4th respondent-Revenue Divisional Officer, Gudivada without affording the opportunity of personal hearing to the petitioners rejected the said objections on 28-01-2008 and hence, they approached this Court and filed the present Writ Petition. 4. Having perused the order, dated 28-01-2008, this Court is of the view that the said order of rejection passed by the 3rd respondent- Collector, Krishna District is definitely contrary to the mandate issued under Section 5-A of the Act. According to the said provision of law after receipt of the objections, the Collector shall afford an opportunity of personal hearing to the petitioners. It is further clear that the 3rd respondent simply relied on the report of the Assistant Collector, Vijayawada and neither the Assistant Collector nor the 3rd respondent, who passed the said order on 28-01-2008, afforded the opportunity of personal hearing to the petitioners. 5. Accordingly, Writ Petition is allowed and the order impugned in this Writ Petition, dated 28-01-2008, is hereby set aside and the 3rd respondent is hereby directed to follow the procedure prescribed under Section 5-A of the Act strictly, and pass appropriate orders after affording the opportunity of personal hearing to the petitioners. There shall be no order as to costs. _______________________ T.GOPALAKRISHNA,J 18th March, 2008 Note: Furnish C.C. of the order within three days. B/o Tsy To 1 The Secretary, Government of Andhra Pradesh, Revenue, Secretariat Buildings, Hyderabad. 2 The Secretary, Government of Andhra Pradesh, Irrigation, Secretariat Buildings, Hyderabad. 3 The Collector, Krishna District, Machilipatnam. 4 The Revenue Divisional Officer-cum- Land Acquisition Officer, Gudivada, Krishna District, A.P.