IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTIETH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No. 22791 of 2008 Between: Suraboina Kishtaiah, S/o. Gangaiah, R/o. Ukkayapalli Village, Kadapa Mandal, Kadapa District. ..... PETITIONER AND 1 The State of Andhra Pradesh Rep by its District Collector, Kadapa, Kadapa District. 2 The Revenue Divisional Officer, Kadapa, Kadapa District. 3 The Tahsildar, Kadapa Mandal, Kadapa 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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the highhanded action of the respondents in trying take possession of the land in an extent of Ac.2.45 cents in Sy.No.982/2 of Ukkayapalli Village, Kadapa Mandal and District, belong to the petitioner, without disposing oﬀ the objections ﬁled in pursuance of the Notice under Section 5-A of the Land Acquisition Act, 1894, dated 13-09-2008 issued by the 2nd respondent herein as arbitrary, illegal, contrary to the procedure envisaged under the provisions of the Land Acquisition Act, 1894 and violtive of the fundamental and Constitutional Rights guaranteed to the petitioner under Articles 14, 21 & 300-A of the Constitution of India and consequently direct the respondents not to take possession of the land in an extent of Ac.2.45 cents in Sy.No.982/2 of Ukkayapalli Village, Kadapa Mandal and District, belong to the petitioner. Counsel for the Petitioner: MR.V.R.REDDY KOVVURI Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following ORER: The District Collector, Kadapa, published a notiﬁcation, dated 29.08.2008, under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’) proposing to acquire Acs.2.45 cents of land in survey No.982/2 of Ukkayapalli Village, Kadapa Mandal and District for the purpose of house sites. A notice, dated 13.09.2008, was issued to the petitioner under Section 5 of the Act proposing to conduct enquiry. The petitioner states that he submitted his objections on 04.10.2008. His grievance is that even while the enquiry under Section 5 of the Act is in progress, the respondents are trying to dispossess him from the land. Heard the learned counsel for the petitioner and the learned Government Pleader for Land Acquisition. The ﬁrst respondent recognized the necessity to conduct enquiry under Section 5 of the Act. It is only after the enquiry is concluded that a notiﬁcation under Section 6 of the Act could be issued. This, in turn, would be followed by award enquiry. It is only after the award is passed that the possession of the land can be taken. If what is stated by the petitioner is true, a clear illegality stands committed by the respondents. The petitioner cannot be dispossessed from the land, till an award is passed. Hence, the writ petition is disposed of, directing that the respondents shall not interfere with the possession of the petitioner over the land in question, till an award under the Act is passed in respect of his land. There shall be no order as to costs. ___________________ L.NARASIMHA REDDY,J Dt:20.10.2008. kdl