IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTH DAY OF JULY, TWO THOUSAND AND ELEVEN PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.327 of 2007 Between: Mujundar Padmavathi & another … Petitioners And Govt., of A.P., rep., by its Secretary, Revenue (L.A.) Dept., Hyderabad & others. … Respondents Counsel for the petitioner: Sri M. Subrahmanyam Counsel for the respondents: GP for Land Acquisition This Court made the following: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.327 of 2007 ORDER:- This Writ Petition is filed for a Mandamus to set aside notification in R.C.A.No.1002/06, dated 18.08.2006 issued under Section 4(1) of the Land Acquisition Act, 1894 (for short, “the Act”). Though several pleas have been raised by the petitioners in the Writ Petition, in the view this Court is proposing to take, it is not necessary to refer to all those pleas. It has come out at the hearing that no order rejecting the petitioners’ objections, filed in pursuance of the enquiry under Section 5A of the Act, has been passed by the competent or any other authority. Under Section 5A(2) of the Act, it is mandatory that every objection made under sub-section (1) of that Section, shall be decided by the Government, which includes the Collector, in view of the delegation of its power and that such decision shall be final. In view of the admitted fact that no such decision has been made on the objections filed by the petitioners, all proceedings that have ensued following the enquiry under Section 5A get vitiated. Accordingly, this Court has no option other than holding that the declaration made under Section 6 and the award passed in the present case are void and unenforceable to the extent of the petitioners. For the abovementioned reasons, the Writ Petition is partly allowed by setting aside the declaration made under Section 6 and award passed in case of the petitioners with liberty, however, to the respondents to take a decision under Section 5A and initiate further proceedings depending upon the result of such decision. As a sequel to disposal of the Writ Petition in the manner indicated above, WPMP.No.404 of 2007 and WVMP.No.1388 of 2007 are disposed of as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J Date: 04.07.2011 ES