THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE P.DURGA PRASAD WRIT APPEAL No. 545 of 2011. ORDER: (Per Goda Raghuram, J) The unsuccessful writ petitioners assail the order dt. 15.2.2001 of the learned single Judge dismissing the writ petition. By a draft notification dt. 29.11.2007 issued under Section 4(1) of the Land Acquisition Act 1894 (for short ‘the Act’) lands of the appellants of an extent of Ac. 3.15 cents and Ac. 0.74 cents in S.Nos. 163/3A.2 and 163/3B2A respectively of Nunepally village, Nandyal Mandal, Kurnool District were proposed to be acquired. The appellants claimed in the writ petition that the land was a joint family property; partition among the petitioners took place on 20.12.2006; in the partition each of them got less than Ac. 1.00 and therefore they are small farmers. The acquisition was challenged on the ground that it was not published in daily news papers as required and that they were not given an opportunity of being heard in an enquiry under Section 5(A) (2) of the Act. It is revealed in the counter filed on behalf of the State that draft notification was published in the District Gazette on 26.11.2007 and was published in two Telugu daily newspapers on 29.11.2007 in addition to the publication of the substance of the notification in the locality on 30.11.2007. The contention of non-publication urged by the appellants was found to be misconceived in the Judgement under appeal. Another contention urged was that notice under Section 5(A) was drawn on 27.11.2007 but served on the appellants/petitioners on 30.11.2007 while hearing was fixed under Section 5(A) (2) on 27.12.2007 and therefore clear 30 days time from the date of service of notices to the date of hearing was not given. The learned single Judge found this contention to be misconceived. On correct analysis of the provisions of Section 5(A) (1) of the Act the learned Judge concluded that objections are to be filed within 30 days from the date of publication of notification and as the notification was published on 26.11.2007 and hearing was scheduled on 27.12.2007, this requirement is satisfied. Further, as the appellants admittedly submitted their objections and were heard in the enquiry, no case is made out for intervention, held the learned single Judge. The Judgement under appeal is impeccable and warrants no appellate interference. The writ appeal is without merits and the same is dismissed at the stage of admission. There shall be no order as to costs. _____________________________ GODA RAGHURAM, J ______________________________ P.DURGA PRASAD, J 21.07.2011. KRB. THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE P.DURGA PRASAD WRIT APPEAL No. 545 of 2011. ORDER: (Per Goda Raghuram, J) Dt. 21.07.2011