IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 13539 of 2008 Between: 1 Koniki Malakondaiah, S/o. Seetaramaiah, R/o. Kothapeta Village, Gudluru Mandal, Prakasam District. 2 Jajula Kondaiah, S/o. Kondaiah, R/o. Kothapeta Village, Gudluru Mandal, Prakasam District. 3 Ravulapalli Ragaiah, S/o. Ragaiah, R/o. Kothapeta Village, Gudluru Mandal, Prakasam District. 4 Podili Venkateswarulu, S/o. Subba Rao, R/o. Kothapeta Village, Gudluru Mandal, Prakasam District. 5 Gadde Malyadri, S/o. Kondaiah, R/o. Kothapeta Village, Gudluru Mandal, Prakasam District. 6 Ravuri Sujatha, W/o. Satyanarayana Reddy, R/o. Kothapeta Village, Gudluru Mandal, Prakasam District. 7 Ammanabrolu Mallikarjuna, S/o. Venkaiah, R/o. Kothapeta Village, Gudluru Mandal, Prakasam District. 8 Puli Subbaiah, S/o. Kistaiah, R/o. Kothapeta Village, Gudluru Mandal, Prakasam District. ..... PETITIONERS AND 1 The State of Andhra Pradesh, Rep by its Principal Secretary, Revenue Department, Secretariat, Hyderabad. 2 The District Collector, Prakasam District, Ongole. 3 The Land Acquisition Officer and Revenue Divisional Officer, Kandukur, Prakasam 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 a writ of mandamus or any other appropriate writ, order or directions declaring the notification issued by the respondents vide Rc.No.G3/997/2008 under Section 4 (1) Land Acquisition Act 1894 and consequential notification issued under Section 6 dated 15-3-2008 as illegal arbitrary, unjust and contrary to the coordinal principle of natural justice and fundamental rights and pass Counsel for the Petitioner: MR.M.S.N.PRASAD Counsel for the Respondents: GP FOR REVENUE The Court made the following : ORAL ORDER: This writ petition is filed seeking a declaration that the notification dated 15.03.2008 issued under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’) as well as the declaration, dated 18.03.2008 made under Section 6 of the Act, for acquiring the lands belonging to the petitioners situated at Kothapeta village Gudluru Mandal, Prakasam District, for the purpose of providing house sites under Indiramma scheme as arbitrary and illegal. It is primarily contended by the petitioners that having regard to the nature of the public purpose for which the land is acquired there is absolutely no justification to dispense with the enquiry under Section 5(A) of the Act. It is pleaded by the petitioners that the proposed acquisition is unwarranted and unjustified and since no enquiry is conducted under Section 5(A) of the Act, the petitioners are deprived of the opportunity to raise their objections. Learned Government Pleader for Land Acquisition under instructions stated that the respondents are willing to conduct the enquiry under Section 5(A) of the act. Under the circumstances, without expressing any opinion as to the tenability of the objections raised by the petitioners, the declaration under Section 6 of the Act dated 18.03.2008 is hereby set aside and the Writ Petition is disposed of at the admission stage with a direction to the respondents to conduct enquiry under Section 5(A) of the Act after following due process of law. No costs. ____________ (G. Rohini, J.) 27th June, 2008 Js. ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The President, Fisheries Co-operative Society, Nasrullabad, Mr.Pandiri Sailoo, S/o.Shivaboi, R/o.Nasrullabad Village of Birkur Mandal, Nizamabad District. 2 The Commissioner, Department of Fisheries, Mathya Bhavan, Shanti Nagar, Hyderabad - 500 028. 3 The Assistant Director of Fisheries, Arsapally Village / Street, Nizamabad District. 4 The Fisheries Development Officer, Nizamsagar Village, and Mandal, Nizamabad District. 5 2 CCs to G.P. for Fisheries, High Court of A.P.Hyderabad. (OUT) 5 2 CD copies.