IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.4206 of 2008 Between: 1 Nagulapalli Venkata Rao S/o.Sri Rama Murthy Hindu R/o.Peddipalem(V) Prathipadu(M) E.G Dist 2 Nagulapalli Atchanna S/o.Sri Rama Murthy Hindu R/o.Peddipalem(V) Prathipadu(M) E.G Dist ..... PETITIONERS AND 1 The Dist Collector E.G Dist at Kakinada-533001 2 The Land Acquisition Officer& Revenue Divisional Officer Peddapuram,E.G District. 3 The Tahasildar Prathipadu,East Godavari Dist .....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 an appropriate writ order or direction more particularly one in the nature of Mandamus declaring the land acquisition proceedings initiated against the petitioner's lands pursuant to the Notification issued under Section 4(1) of the land Acquisition Act bearing Ref.G2/4644/2007 dt 06-02-2008 for acquisition of land of an extent of Ac.2.00 cents situated in Sy.No.98/2B of the 2nd petitioner in Peddipalem(V) Prathipadu(M) E.G Dist as illegal arbitrary and unjust and consequently direct the respondents to drop all further proceedings against the petitioner's land in this regard. Counsel for the Petitioners: MR.N.SIVA REDDY Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.4206 of 2008 ORDER: Petitioners are brothers, who stated to have inherited the land admeasuring Acs.2.00 each in Sy.No.98/2C and 98/2B, respectively, situated at Peddipalem village of Prathipadu Mandal in East Godavari District. The petitioners state that they are eking out their livelihood through the agricultural income. While so, the Government proposed to acquire the said land for the purpose of providing house sites to the weaker sections under Indiramma Phase-II programme and to that effect, a notification, dated 28.07.2007, under Section 4(1) of the Land Acquisition Act, 1894 (for short “the Act”) was issued. Thereafter, notice under Section 5-A of the Act was issued to the petitioners calling upon them to submit their objections, and pursuant thereto, petitioners submitted their objections. However, the second respondent-Land Acquisition Officer enquired into their objections and rejected the same recommending the acquisition. Thereafter a draft declaration under Section 6 of the Act was published on 06.02.2008. Aggrieved thereby, they filed this writ petition seeking to quash the entire land acquisition proceedings. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Land Acquisition. When the matter was taken up for hearing on the last occasion, the learned counsel for the petitioners contended that though the second respondent stated that he conducted an enquiry under Section 5-A of the Act, petitioners were not given an opportunity of personal hearing. In view of the same, this Court directed the learned Assistant Government Pleader to produce the record and accordingly, the record is produced today. From a perusal of the record, this Court is satisfied that the petitioners were not given an opportunity of personal hearing, which is mandatory under Section 5-A(2) of the Act. As per Section 5-A(2) of the Act, every objection under sub-section (1) of Section 5-A of the Act shall be made to the Collector in writing and the Collector shall give the objector an opportunity of being heard in person or by any person authorized by him in this behalf. Therefore, it is clear that the respondents have not complied with the mandatory requirement under Section 5-A(2) of the Act. Hence, the proceedings of the first respondent dated 17.01.2008 and all other consequential proceedings are liable to be set aside. Accordingly, the writ petition is allowed in part setting aside the proceedings of the first respondent dated 17.01.2008, and the consequential draft declaration dated 06.02.2008 issued under Section 6 of the Act. The second respondent is hereby directed to fix a particular date for hearing the petitioners, duly issuing a notice to them enabling them to appear in person and submit their objections on the date so fixed, and thereafter appropriate orders may be passed. There shall be no order as to costs. __________ 25.03.2008 sh ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Dist Collector E.G Dist at Kakinada-533001 2 The Land Acquisition Officer& Revenue Divisional Officer Peddapuram,E.G District. 3 The Tahasildar Prathipadu,East Godavari Dist 4. 2CCs to 5. 2CD copies