`IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY THE TWENTY NINTH DAY OF APRIL TWO THOUSAND AND TEN :PRESENT: THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION NO : 18119 of 2009 Between: 1 Sirupa Rajaiah S/o.Agaiah 2 Kuchana Rajesham S/o.Narayana 3 Gyadangi Rajam S/o.Hanumaiah 4 Marri laxmaiah S/o.Sandaiah 5 Bura Rajkumar S/o.Ramalingam 6 Rallabandi Ramadevi W/o Ravinder 7 Namindla Ravinder W/o.Durgaiah 8 Mididoddi Komraiah S/o.Bondaiah 9 Gannarapu Mallaiah S/o.Parvatalu 10 Md.Afzal S/o.Md.Gafur 11 Jangaon Ramadevi W/o.Venkatanarsingarao 12 Aknipalli Eswaraiah S/o.Sammaiah 13 Bhupati Ramesh W/o.Venkataiah 14 Anantula Ramesh S/o.Vaikuntam 15 Pulluri Surender W/o.Rajalingam 16 Nannuta Soujanya W/o.Ashok 17 Perambudur Vasudhapriya W/o.Venugopalaswamy 18 Komireddy Madhukar Reddy S/o.Raji Reddy 19 Gaddam Suresh S/o.Gattaiah 20 Koraveni Ashok S/o.Kistaiah 21 Keerti Koteswaramurty S/o.K.L.Murthy 22 Uppula Tirupati S/o.Sankharaiah 23 Mamidala Ramadevi W/o.Bhadraiah 24 Kanchem Mogili S/o.Rajaiah 25 Bembari Rajanna W/o.Mallari 26 Bathula Venkateswarlu S/o.Rajam 27 Mandala Ravinder Reddy S/o.Laxma Reddy 28 Syed Muzeebuddin S/o.Habibuddin 29 Amudala Ramchander S/o.Venkatnarsu 30 Kanchem Mogili S/o.Rajaiah 31 Moola Ramulu S/o.Durgaiah 32 Mamidala Bhadraiah S/o,.Maddaiah 33 Salma Begum W/o.Khaza Nayeemuddin All Are residents of Bhupalapally village Bhupalapally Mandal, Warangal District . ..... Petitioners AND 1 The District Collector, Warangal District, Warangal 2 The Land Acquisition Officer & Revenue Divisional Officer, Mulugu, Warangal District 3 The Singareni Collieries Co.Ltd, (SCC Ltd) Bhupalapally, Warangal 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 may be pleased to issue a writ order or direction particularly one in the nature of writ of Mandamus declaring the impugned Gazette Notification No.Wgl/LA/28/2006 dated 13.7.2006 U/s 4(1) of Land Acquisition Act and Draft Declaration under Section 6 vide Gazette No.Wgl/LA/13/2007 dated 3.5.2007 in respect of the petitioners land to an extent of Ac.4.14 guntas in Sy.No.390/B situated at Bhupalapally village, Bhupalapally Mandal, Warangal District and consequential further proceedings as totally illegal, without jurisdiction colorable exercise of power and violative of principles of natural justice and also violative of Articles, 21 and 300A of Constitution of India and consequently set aside the same. ..2.. The petition coming on for hearing, upon perusing the petition and the affidavit filed in support there of and the High Court order dated 28-08-2009, 11.9.2009,19.10.2009, 9.11.2009, 1.12.2009 and 15-12-2009 made herein and upon hearing the arguments of Sri S.LAKSHMA REDDY, Advocate for the Petitioners and of G.P for Land Acquisition for the Respondent Nos. 1 and 2 and of Sri Nandigama Krishna Rao, Standing Counsel for the Respondent No.3, the Court made the following: ORDER: This Court heard the parties and passed an order on 27-10-2010. However, subsequently, certain aspects, which have a direct bearing upon the matter, are brought to the notice of this Court. It is stated that there are conflicting judgments rendered by two Division Benches as regards the validity of sub-section (5) of Section 17 of the Land Acquisition Act, 1894. There is some dispute as to the nature of taking possession of the land. Post on 4-01-2010. In the meanwhile, there shall be stay of all further proceedings. The learned Government Pleader for Land Acquisition shall produce the entire record. ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1 The District Collector, Warangal District, Warangal 2 The Land Acquisition Officer & Revenue Divisional Officer, Mulugu, Warangal District 3 The Singareni Collieries Co.Ltd, (SCC Ltd) Bhupalapally, Warangal District. 4. One CC to Sri. S.Lakshma Reddy, Advocate, (OPUC) 5. Two CCs to GP for Land Acquisition, High Court of A.P.,Hyd. (OUT) 6. One spare copy. RV HIGH COURT PSNJ DT. 15.12.2009 Note: List after vacation ORDER WP NO. 18119/2009 EXTENSION. HIGH COURT RV Dated 21.12.2009` PSNJ DT. 15.12.2009 Note: List after vacation ORDER WP NO. 18119/2009 EXTENSION.