IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 14794 of 2008 Between: 1.Chilukuri Sreeramamurthy S/o. Appanna R/o. Ravulapadu Village, Ravulapalem Mandal, East Godavari District. 2.Chilukuri Chandravathi W/o. Sreeramamurthy R/o. Ravulapadu Village, Ravulapalem Mandal, East Godavari District. 3.Chilukuri Sreenivasa Rao S/o. Sreeramamurthy R/o. Ravulapadu Village, Ravulapalem Mandal, East Godavari District. ..... PETITIONERS AND 1 The District Collector, East Godavari, Kakinada. 2 The Revenue Divisional Officer, Amalapuram, East Godavari District. 3 The Mandal Revenue Officer, Ravulapalem Mandal, East Godavari 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 writ, order or direction particularly one in the nature of Writ of Mandamus declaring the Land Acquisition Notification in Ref.G3/3284/08 issued under Sec. 4(1) of L.A. Act, by the 1st respondent seeking to acquire the land admeasuring Ac.0-06 cents in Survey No.161/2, Ac.1-00 cents out of Ac.2-92 cents in Survey No.161/3 belonging to 1st petitioner, Ac.1-00 cents in survey No.161/3 belonging to 2nd petitioner and Ac.0-80 cents in survey No.160, Ac.2-00 cents in Survey No.161/3, belonging to 3rd petitioner, situated a Ravulapadu Village, Ravulapalem Mandal, East Godavari District and also all consequential proceedings as illegal, arbitrary and contrary to the provisions of Land Acquisition Act and violative of Art. 14, 19(g) and 21 of Constitution of India and consequently set aside the said notification including the consequential proceedings. Counsel for the Petitioners: MR.G.V.SRAVAN KUMAR Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following ORDER: THE HON’BLE MS JUSTICE G.ROHINI Writ Petition No.14794 of 2008 ORDER: The lands belonging to the petitioners herein situated in Ravulapadu village, Hamlet of L.Polavaram, Ravulapalem Mandal, East Godavari District, are sought to be acquired under the provisions of the Land Acquisition Act, 1894 (for short ‘the Act’) for public purpose, namely, providing house sites to the weaker sections under Indiramma Scheme. The notification under Section 4(1) of the Act was published on 06.06.2008, under which, the Revenue Divisional Officer, Amalapuram, was authorized to conduct enquiry under Section 5A of the Act. It is alleged by the petitioners that no such enquiry has been conducted by the Revenue Divisional Officer, Amalapuram, but the respondents are attempting to dispossess them from the lands in question forcibly. Hence, this writ petition seeking declaration that the action of the respondents is arbitrary and illegal. Heard the learned counsel for the petitioners and the learned Government Pleader for Land Acquisition appearing for the respondents. Having regard to the fact that the urgency clause under Section 17(4) of the Act has not been invoked and the enquiry under Section 5A of the Act is proposed to be conducted, it is not open to the respondents to interfere with the possession of the petitioners, at this stage. Accordingly, 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 lands in question without conducting enquiry under Section 5A of the Act, and take necessary further steps following due process of law. No costs. _______________ 10.07.2008 VGB