IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SIXTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 18533 of 2008 Between: 1 Mellacheruvu Subrahmanyam, S/o. Durgaiah, Narasaraopet, Guntur District. 2 Mellacheruvu Suresh, S/o. M. Subrahmanyam, Narasaraopet, Guntur District. 3 Smt. Y. Sai Bhavani, W/o. Y. Murali Krishna, Hyderabad. 4 Smt. T. Lakshmi Kameswari, W/o. T. Phani Prasad, R/o. Hyderabad. ..... PETITIONERS AND 1 The Collector, Guntur, Guntur District. 2 Revenue Divisional Officer, Narasaraopet, Guntur, Guntur District. .....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 particularly a Writ of Certiorari and call for the records on the ﬁle of the ﬁrst respondent in Rc.No. 2876/08/G3 dated 18-7-2008 and quash the same in so far it proposes to acquire an extent of Ac. 2.75 cents and Ac. 0.43 cents in Survey No. 342/21-1; Ac. 0.96 cents in Survey No. 342/22A-A; Ac. 0.31 cents in Survey No. 342/22A-B; Ac. 0.44 cents in Survey No. 342/22A-C and Ac. 1.44 cents in Survey No. 342/22A-D (Total Ac. 6.33 cents) of Agricultural lands situated in Ravipadu Village, Narasaraopet Mandal, Guntur District owned by the petitioners herein and issue any other writ, order or direction as this Hon'ble Court may be pleased to deem fit and proper Counsel for the Petitioner: MR.DANTU.SRINIVAS Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 18533 of 2008 O R D E R: The land belonging to the petitioners situated in Survey Nos. 342/21-1; 342/22A-A; 342/22A-B; 342/22A-C and 342/22A-D of Ravupadu village, Narsaraopet Mandal, Guntur District is sought to be acquired under the provisions of the Land Acquisition Act, 1894 (for short ‘the Act’) for the purpose of Urban Indiramma Gruha Nirmana Pathakam. A notiﬁcation under Section 4(1) of the Act, dated 18-07-2008, was published to that eﬀect under which the Revenue Divisional Oﬃcer, Narsaraopet was appointed to conduct the enquiry under Section 5-A of the Act. The said notiﬁcation dated 18-07-2008 is challenged in this writ petition contending inter alia that the impugned acquisition is arbitrary, illegal and unwarranted. As already noticed above, since the enquiry under Section 5-A of the Act is proposed to be conducted under the impugned notiﬁcation, it is always open to the petitioners to raise their objections to the acquisition before the respondents. Hence, it is neither necessary nor proper for this Court to express any opinion as to the contentions raised and the interference by this court is not warranted at this stage. However, the learned counsel for the petitioners submitted that there is a threat of dispossession of the petitioners from the land in question even before further steps are taken pursuant to the impugned notification. In the circumstances, while leaving it open to the petitioners to submit their objections in the enquiry under Section 5-A of the Act, the writ petition is disposed of with a direction to the respondents not to interfere with the possession of the petitioners in respect of the land in question in any manner whatsoever without following due process of law. No costs. ______________ G. ROHINI,J Date: 26-08-2008 Note: Issue C.C. in two day. B/o KLP