IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 10124 of 2008 Between: 1 Appikatla Laxmi W/o. ABR Prasad R/o.D.No. 25-2/2-4 Ameenapet, Eluru, West Godavari District. 2 Nanduri Balakrishna S/o. Subraamanyeswara Rao R/o.D.No. 25-2/2-7 Ameenapet, Eluru, West Godavari District. 3 K.P.A. Sita Devi W/o. K. Vigneswara Rao R/o.D.No. 25-2/2-8 Ameenapet, Eluru, West Godavari District. 4 Drakshanapu Laxmamma W/o. Guruvulu R/o.D.No. 25-2/2-6 Ameenapet, Eluru, West Godavari District. 5 Gollapudi Indira Devi W/o. Srinivasa Rao R/o.D.No. 25-2/2-9 Ameenapet, Eluru, West Godavari District. ..... PETITIONER(S) AND 1 The State of Andhra Pradesh, Rep. by its Principal Secretary to Revenue (Land Acquisition) Department, Secretariat, Saifabad, Hyderabad. 2 The District Collector, West Godavari, Eluru. 3 Revenue Divisional Officer-Cum-Land Acquisition Officer, Eluru, West Godavari District. 4 Eluru Municipal Corporation, Rep. by its Commissioner, Eluru, West Godavari District. 5 The Superintending Engineer (Roads & Buildings) Eluru, West Godavari District. 6 The Tahsildar, Eluru Mandal, Eluru, West Godavari District. .....RESPONDENT(S) 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 order or direction more particularly one in the nature of writ of Mandamus a) declaring the Notification in Roc No. G2/7659./07 dt. 20- 4-2008 as published in Eenadu Telugu Daily News Paper on 24-4-2008 issued by the 2nd respondent as illegal, arbitrary and discriminatory and contrary to the provisions of Land Acquisition, Act 1984 and violative of Articles 14, 21 and 300-A of the Constitution of India and set aside the same and b) consequently direct the respondents to conduct survey and fix the boundaries as per the Master Plan for laying down the Ashok Nagar road from Ammenapet Church to Ashoknagar Pillar and pass such other and further order or orders Counsel for the Petitioner:MR.K.SATYANARAYANA MURTHY Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : THE HON’BLE MR. JUSTICE GOPALA KRISHNA TAMADA W.P.NO. 10124 OF 2008 ORDER: The petitioners approached this Court and filed the present writ petition with the following prayer, “in the circumstances stated in the affidavit filed herein the High Court may be pleased to issue a writ order or direction more particularly one in the nature of writ of Mandamus a) declaring the Notification in Roc No. G2/7659/07 dt. 20-4-2008 as published in Eenadu Telugu Daily News Paper on 24-4- 2008 issued by the 2nd respondent as illegal, arbitrary and discriminatory and contrary to the provisions of Land Acquisition, Act 1984 and violative of Articles 14, 21 and 300-A of the Constitution of India and set aside the same and b) consequently direct the respondents to conduct survey and fix the boundaries as per the Master Plan for laying down the Ashok Nagar road from Ammenapet Church to Ashoknagar Pillar and pass such other and further order or orders” Heard learned counsel for the petitioner as well as learned Government Pleader for Land Acqusition. Having looked at the notification issued under Section 4 (1) of the Land Acquisition Act (for short “the Act”) dated 20.4.2008, this Court is thoroughly satisfied that the said land was required for a public purpose for road widening by the R & B department, but for such purpose, it cannot be said that there is urgency to invoke the powers under sub-section (4) of Section 17 of the Act and dispense with the enquiry under Section 5-A of the Act. Accordingly this writ petition is partly allowed and the said dispensation of the enquiry under Section 5-A of the Act is hereby set aside. Now that the petitioners are aware of the fact that the respondents authorities will hold an enquiry under Section 5-A of the Act, the petitioners are hereby directed to file their objections before the Land Acquisition Officer within two weeks from the date of receipt of a copy of this order and thereafter the Land Acquisition Officer shall cause a notice to be issued to the petitioners about the date of hearing and on such date, he shall afford an opportunity of personal hearing to the petitioners and pass appropriate order under Section 5-A of the Act. Till such an enquiry under Section 5-A of the Act is held, the petitioners shall not be dispossessed from the land in question. No order as to costs. ____________________________ GOPALA KRISHNA TAMADA, J Dt.1.5.2008 KR To 1 The State of Andhra Pradesh, Rep. by its Principal Secretary to Revenue (Land Acquisition) Department, Secretariat, Saifabad, Hyderabad. 2 The District Collector, West Godavari, Eluru. 3 Revenue Divisional Officer-Cum-Land Acquisition Officer, Eluru, West Godavari District. 4 Eluru Municipal Corporation, Rep. by its Commissioner, Eluru, West Godavari District. 5 The Superintending Engineer (Roads & Buildings) Eluru, West Godavari District. 6 The Tahsildar, Eluru Mandal, Eluru, West Godavari District. 7.2 CCs to GP for Land Acquisition 8. 2 CD copies Form-NIC-OGS/WP{VSMI}