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 : 14805 of 2008 Between: 1.Sri Chinta Satyanarayana Reddy, S/o. Narayan Reddy, R/o. Komaripalem Village, Biccavole Mandal, East Godavari District 2.Smt. Gogada Manga, W/o. Venkataramana, R/o. Komaripalem Village, Biccavole Mandal, East Godavari District 3.Sri Gogada Venkata Ramana, S/o. Rama Rao, R/o. Komaripalem Village, Biccavole Mandal, East Godavari District 4.Sri Mallidi Veereddy, S/o. Venkata Reddy, R/o. Komaripalem Village, Biccavole Mandal, East Godavari District 5.Smt. Mallidi Satyavathi, W/o. Venkat Reddy, R/o. Komaripalem Village, Biccavole Mandal, East Godavari District 6.Sri Karri Sathi Reddy, S/o. Panisi Reddy, R/o. Komaripalem Village, Biccavole Mandal, East Godavari District 7.Sri Gudimetla Krishna Reddy, S/o. Satyam, R/o. Komaripalem Village, Biccavole Mandal, East Godavari District 8.Sri Tetala Subbaraju, S/o. Adi Reddy, R/o. Komaripalem Village, Biccavole Mandal, East Godavari District 9.Sri Tetala Abbai Reddy, S/o. Adi Reddy, R/o. Komaripalem Village, Biccavole Mandal, East Godavari District 10.Sri Chinta Anantha Surya Venkata Ramakrishna Reddy, S/o. Suryanarayana Reddy, R/o. Komaripalem Village, Biccavole Mandal, East Godavari District 11.Smt. Chinta Subba Laxmi, W/o. Anantha Surya Venkata Ramakrishna Reddy, R/o. Komaripalem Village, Biccavole Mandal, East Godavari District 12.Smt. ovvuri Seeta Mahalaxmi W/o. Subba Reddy R/o. Komaripalem Village, Biccavole Mandal, East Godavari District 13.Sathi Ramakrishna Reddy S/o. Suryanarayana Reddy R/o. Komaripalem Village, Biccavole Mandal, East Godavari District 14.Sathi Veera Venkata Satyanarayana Reddy S/o. Suryanagarayan Reddy R/o. Komaripalem Village, Biccavole Mandal, East Godavari District 15.Smt. Mallidi Durgamma W/o. Eashwar Reddy R/o. Komaripalem Village, Biccavole Mandal, East Godavari District 16.Mallidi Venkat Reddy S/o. Surya Uma Naga Maheswar Reddy R/o. Komaripalem Village, Biccavole Mandal, East Godavari District 17.Smt. Cheerla Seetha W/o. Eashwar Reddy R/o. Komaripalem Village, Biccavole Mandal, East Godavari District 18.Sathi Sathemma W/oa. Peda SUryudu R/o. Komaripalem Village, Biccavole Mandal, East Godavari District 19.Sathi Rama Reddy S/o. Suryudu R/o. Komaripalem Village, Biccavole Mandal, East Godavari District 20.Sabbella Chella Bhavani W/o. Venkat Reddy R/o. Komaripalem Village, Biccavole Mandal, East Godavari District 21.Smt. Mallidid Ammaji W/o. Chella Reddy R/o. Komaripalem Village, Biccavole Mandal, East Godavari District 22.Medapati Krishna Reddy R/o. Komaripalem Village, Biccavole Mandal, East Godavari District 23.Medapati Satyanarayana Reddy S/o. Krishna Reddy R/o. Komaripalem Village, Biccavole Mandal, East Godavari District 24.Medapati Srinivas Reddy S/o. Krishna Reddy R/o. Komaripalem Village, Biccavole Mandal, East Godavari District 25.Medapati Papa Reddy S/o. Satyam R/o. Komaripalem Village, Biccavole Mandal, East Godavari District ..... PETITIONERS AND 1 The Government of A.P. Rep by its Secretary, Revenue Department, Secretariat, Hyderabad. 2 The District Collector, East Godavari District, Kakinada. 3 The Revenue Divisional Officer, Rajahmundry, East Godavari District. 4 The Tahsildar, Biccavole 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 any appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents proposing to acquire the lands of the petitioners, who are landless poor, for allotment of the same lands to the landless poor under INDIRAMMA PADHAKAM etc., without following due process of law, as against the spirit of the scheme as illegal, arbitrary, violative of constitutional provisions and also contrary to the provisions of the Acquisition Act and consequently set aside the Notification of the 2nd respondent issued vide Ref.G3/2546/08, dated 07-6-2008. Counsel for the Petitioners: MR.K.GANI REDDY Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following ORDER: THE HON’BLE MS JUSTICE G.ROHINI Writ Petition No.14805 of 2008 ORDER: The lands belonging to the petitioners herein situated in Komaripalem village, Biccavolu 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 07.06.2008, under which, the Revenue Divisional Officer, Rajahmundry, 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, Rajahmundry, 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