HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No. 16633 of 2008 DATED: 25.01.2010 Between: Modugula Chimpa Reddy .. Petitioner And The State of A.P. rep. By its Prl. Secretary and two others .. Respondents O R D E R:- In this writ petition, the petitioner seeks a writ of Mandamus, declaring the action of respondent No.2 in issuing the Draft Notification in Rc.No.69/2008-C1, dated 08.04.2008, in respect of land to an extent of Ac.4.00 gts. in Sy.No.148, situated at Choutapapayapalem village of Rajupalem Mandal in Guntur District, as illegal and arbitrary. Case of the petitioner is that he is the owner and possessor of an extent of Ac.4.00 gts. of land in the aforementioned Survey Number. It is stated that the Government issued Draft Notification, dated 08.04.2008, under Section 4(1) of the Land Acquisition Act, 1894, for acquisition of his land, to accommodate the displaced persons under Pulichintala Project. He further states that he filed his objections on 24.04.2008, stating that an extent of Ac.80.00 gts. of vacant Government land is available in Sy.Nos.163 to 174, and that the Government can use that land for rehabilitation of displaced persons. The grievance of the petitioner is that, the Government, without considering his objections and also without conducting any inquiry under Section 5-A of the Land Acquisition Act, is staking steps to acquire his land. Hence, this writ petition. The 3rd respondent-Special Deputy Collector, Land Acquisition, has filed counter affidavit, stating that an extent of Ac.72.00 cents of land, situated in Sy.Nos.163 to 174 of Choutapapayapalem village is an assigned land, and the same was resumed from the assignees after payment of ex-gratia, for providing house-sites to the displaced persons under Pulichintala Project. It is also stated that the petitioner is not a small farmer, and that his livelihood will not be affected due to acquisition of Ac.4.00 gts. of land in Sy.No.148. It is further stated that a Notice, dated 11.4.2008, under Form-3, was sent to the petitioner, asking him to attend the inquiry proceedings under Section 5-A of the Land Acquisition Act, on 25.04.2008, but he did not attend such inquiry. Heard the learned counsel for petitioner and the learned Government Pleader for Land Acquisition, appearing for respondents, and perused the material placed on record. Today, when the matter is taken up, the learned Government Pleader for Land Acquisition, on instructions, submits that the respondents have not invoked the urgency clause and that the inquiry under Section 5-A of the Act is being conducted by the 2nd respondent-Special Collector (Land Acquisition), and that the inquiry is yet to be completed. So far as the power of the Special Collector (Land Acquisition) to issue Draft Notification is concerned, the learned Government Pleader for Land Acquisition has placed before this Court, the orders issued by the Government in G.O. Ms. No.1, dated 01.01.1998 and G.O.Ms. No. 89, dated 02.06.1998, which empower the Special Collectors to approve the Draft Notification and Declaration under the Land Acquisition Act. In view of the orders issued by the Government in G.O.Ms. No.1, dated 01.01.1998 and G.O. Ms. No.89, dated 02.06.1998, the plea of the petitioner that the 2nd respondent-Special Collector (Land Acquisition) is not empowered to issue Draft Notification under the provisions of the Land Acquisition Act, cannot be accepted. However, as much as the inquiry under Section 5-A of the Act is still pending, if the petitioner has any objections to the proposed acquisition of his land, he can as well put-forth his objections before the inquiring authority, but no directions can be given, as prayed for by the petitioner in this petition filed under Article 226 of the Constitution of India. For the aforesaid reasons, I deem it appropriate to dispose of this writ petition with the following directions: “The petitioner is at liberty to file his objections, if any, before the 2nd respondent-Special Collector, Land Acquisition, within a period of six weeks from today, for the proposed acquisition of his land, and on such objections being filed, the authority shall consider the same and take necessary steps in accordance with law. Subject to the above directions, the writ petition is disposed of. No order as to costs. ___________________ R. SUBHASH REDDY, J 25th January, 2010 Note: Furnish C.C. in one week. (B/o) bcj