IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.3190 of 2008 Between: 1 Smt. Ruquia Begum W/o. Jamal Khan, R/o.6-13, Nehru Nagar, Jankmapet Village, Yedpally Mandal, Nizamabad District. 2 Yagal Kishore Sharma S/o. Pusha Ram Sharma R/o.11-120, Yedpally Village & Mandal, Nizamabad District. 3 Devendra Sharama S/o. Pusha Ram Sharma R/o.11-120, Yedpally Village & Mandal, Nizamabad District. ..... PETITIONERS AND 1 The District Collector, Nizamabad 2 The Revenue Divisional Officer, Bodhan, Nizamabad District 3 The Mandal Revenue Officer, Yedpally, Yedpally Mandal, Nizamabad 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 to issue any appropriate Writ, Order or Direction more particularly one in the nature of "Writ of Mandamus" declaring the action of the respondents herein in proceeding with the acquisition of our lands bearing Sy. No.449/2 extent Ac.1-15 gts., Sy.No.450/3 extent Ac.2-05 gts., and 450/4 extent Ac.1.-26 gts., and all double crop wet lands, situated at Yedpally Village & Mandal, Nizamabad District, without following due process of law as arbitrary, illegal, without jurisdiction and violative of Article 14 and 300 A of the Constitution of India and pass such other order or orders Counsel for the Petitioner: MR.V.TULASI REDDY Counsel for the Respondents: GP FOR LAND ACQUISITION Form-NIC-OGS/WP{MSN} THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.3190 of 2008 ORDER: This writ petition is filed for a Writ of Mandamus to set aside Notification dated Nil, issued under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’) and published in newspaper on 19.12.2007, whereby an extent of Ac.5.06 cents comprised in Sy.Nos.449/2, 450/3 and 450/4 of Yedpally Village and Mandal, Nizamabad District, is proposed to be acquired. Heard Sri V.Tulasi Reddy, learned counsel for the petitioners and learned Asst.Govt.Pleader for Land Acquisition and perused the record. A reading of the impugned notification shows that the above mentioned lands are proposed to be acquired for the purpose of providing house sites to weaker sections and respondent No.1 delegated the power of holding enquiry under Sec.5-A to respondent No.2. In the notification, however, it is mentioned that the Governor of Andhra Pradesh dispensed with enquiry under Sec.5-A by invoking urgency clause under Sec.17(4) of the Act. The contents of the notification are somewhat confusing because on one hand respondent No.2 is entrusted with the function of holding enquiry and on the other the enquiry is dispensed with. The notification thus, suffers from ambiguity. When, by the impugned notification, the lands belonging to private persons are sought to be forcibly acquired, the notification, which is basic document in the process of acquisition, shall be clear and unambiguous. Moreover, in my considered view the purpose of acquisition, namely, providing house sites to weaker sections, is not so urgent in nature which warrants dispensing with enquiry under Sec.5-A of the Act. For the above mentioned reasons, the impugned notification, to the extent of dispensing with enquiry under Sec.5-A, is set aside. Respondent Nos.1 and 2 are directed to hold enquiry by giving the petitioners an opportunity of filing objections and participating in the enquiry before seeking to proceed further. The learned counsel for the petitioners submitted that the notification under Sec.4(1) of the Act has not been published in the official Gazette and its substance is not published in the locality, as envisaged under the provisions of Sec.4(1). The petitioners are given liberty to raise all these objections in the enquiry proposed to be held, and if any order adverse to their interest is passed in the enquiry under Sec.5-A, liberty is given to them to question the same in an appropriate proceedings. Subject to the above observations, the Writ Petition is disposed of. ____________________________ C.V.NAGARJUNA REDDY,J Dated: 18.02.2008 Dsr Note: Issue copy in three days. B/o Dsr