IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWELFTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 17462 of 2008 Between: 1 Gorrela Suresh, S/o. Ramu,Hindu, R/o. Rajamundry, E.G.District. 2 Panchakatla Satyavathi, W/o. yerrayya,Hindu, R/o. Rajamundry, E.G.District. 3 Duvvi Janaki Kumari, W/o. sudershan Rao, R/o. Rajamundry, E.G.District. 4 Gorrela Srinivasa Rao, S/o. Satyanarayana, R/o. Rajamundry, E.G.District. 5 Bandaru Dhanalakshmi, W/o. Lakshminarayana, R/o. Rajamundry, E.G.District. 6 Bandaru Veera Venkata Appa Rao, S/o. Chandra Rao,Hindu, R/o. Rajamundry, E.G.District. 7 B.V.V.Lakshmana Rao, S/o. Chandra Rao,Hindu, R/o. Rajamundry, E.G.District. 8 Smt. B.Prameela Devi, W/o. Satyanarayana,Hindu, R/o. Rajamundry, E.G.District. ..... PETITIONERS AND 1 The Government of Andhra Pradesh, Rep by its Secretary Revenue (Endowments) Secretariat, Hyderabad. 2 The Commissioner, Endowments , Tilaknagar, Boggulakunta, Hyderabad. 3 Sri Uma Markendeswara Swami Vari Devasthanam, Godavari Bund, Rajahmundry East Godavari District, Rep by its Executive Officer, 4 The Land Acquisition Officer-cum-Sub-Collector, Rajahmundry, E.G.District. 5 The Thasildar, Rajamundry Urban Mandal, Rajamundry, E.G.District. 6 The Assistnat Commissioner of Endowments, Department, Rajahmundry, E.G.District. 7 The District Collector, East Godavari District, at kakinada. .....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 a writ of Mandamus or any other appropriate writ, order or direction, declaring the 4(1) Notification issued under the Land Acquisition Act, dated 31-7-2008 in Ref.No.G-3/4707/2008 issued by the Collector, East Godavari District, Kakinada Proposing to acquire the land measuring Ac.7-75 cents in S.NO.8/1 of Hakimpeta Village, Rajahmundry Rural Mandal, East Godavari District Belonging to the 3rd respodnent as illegal, arbitrary and malafide and for a consequential directing the respondents to drop all further proceedings in the matter. Counsel for the Petitioner: MR.M.LAKSHMANA SARMA Counsel for the Respondent No.: GP FOR ENDOWMENTS The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 17462 of 2008 O R D E R: This writ petition is filed questioning the notification dated 31-07-2008 published under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’) seeking to acquire Ac.7.75 cents of land situated in Sy.No.8/1 of Hakimpeta village, Rajahmundry Rural Mandal, East Godavari District for the purpose of providing house sites to weaker sections as arbitrary and illegal. The petitioners herein claim to be the cultivating tenants of the land in question, which admittedly belongs to the 3rd respondent-temple. It is primarily contended by the learned counsel for the petitioners that the action of the respondents in dispensing with the enquiry under Section 5-A of the Act, thereby depriving the petitioners of an opportunity to raise their objections to the acquisition, is arbitrary and illegal. Having regard to the nature of the public purpose for the which the land is sought to be acquired, I find force in the submission of the learned counsel for the petitioners. Accordingly, the writ petition is disposed of permitting the petitioners to submit their objections within a period of two weeks from the date of receipt of a copy of this order. Thereafter, the 4th respondent shall consider the objections and pass appropriate orders in accordance with law before taking further steps. Till such time, the status quo obtaining as on today as to the nature and possession of the land in question shall be maintained. No costs. ______________ G. ROHINI,J Date:12-08-2008 Note: Issue operative portion by wire. B/o KLP