IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 13112 of 2008 Between: 1.Gandham Venkateshwarlu S/o.Nagabhushanam R/o.3-17, Satrambazar Piduguralla village & Mandal, Guntur District 2.Challa Shiva Reddy S/o.Ramanna Reddy R/o.Karalapadu vilage Piduguralla Mandal, Guntur District 3.Challa narsi Reddy S/o.Ramanna Reddy R/o.Karalapadu vilage Piduguralla Mandal, Guntur District 4.Naru Venkatanarayan Reddy S/o.China Venkata Reddy R/o.Karalapadu vilage Piduguralla Mandal, Guntur District 5.Thontla Koti Reddy S/o.Venkat Reddy R/o.Karalapadu vilage Piduguralla Mandal, Guntur District 6.Pasam Venkata Reddy S/o.Gopi Reddy Gullapally Village Nakirakal Mandal, Guntur District ..... PETITIONERS AND 1 The District Collector, Guntur, Guntur District 2 The Special collector (Land Acquisition), K.L.Rao Sagar (Pulichinthala Project) , Guntur 3 The Special Deputy Collector( Land Acquisition II) K.L.Rao Sagar (Pulichinthala )Project, Guntur 4 The Tahasildar, Piduguralla Mandal Guntur District 5 Sri Shamsheer Ahmed S/o.Not known K.L.Rao Sagar (Pulichinthala )Project Guntur 6 Sri Suguna Rao S/o.Not known K.L.Rao Sagar (Pulichinthala )Project Guntur .....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 to declare that the proceedings dated 24.4.2008 in Rc.No.b/322/2008 on the file of the 2nd and 3rd respondent is illegal, arbitrary, irrational and violative of Article 14,21 and 300-A of the Constitution of India and procedure as prescribed under Land Acquisition Act. Counsel for the Petitioners: MR.P.SRINIVAS REDDY Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following ORDER: THE HON’BLE MS JUSTICE G.ROHINI Writ Petition No.13112 of 2008 ORDER: This writ petition is filed seeking a declaration that the impugned notification, dated 24.04.2008, published under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’) for acquiring the lands belonging to the petitioners situated in Karalapadu, Piduguralla Mandal, Guntur District, for the purpose of providing house sites for rehabilitation of the displaced persons under K.L.Rao Sagar (Pulichinthala) Project, is arbitrary and illegal. It is primarily contended by the petitioners that the impugned notification is arbitrary and illegal, since the government land admeasuring Acs.632.59 cents situated in Survey No.892 of Piduguralla Revenue Village and Mandal, Guntur District, is available. It is also pleaded by the petitioners that they are small farmers and therefore, acquisition of small extents of land possessed by them is absolutely unwarranted. A perusal of the impugned notification, dated 24.04.2008, shows that the enquiry as provided under Section 5A of the Act is proposed to be conducted and for the said purpose, the Special Deputy Collector, Land Acquisition-II, K.L.Rao Sagar (Pulichinthala) Project, Guntur, has been authorized. In the circumstances, it is for the petitioners to raise all the objections before the Enquiry Officer and the same will be enquired into and appropriate orders will be passed following due process of law. The learned counsel for the petitioners states that as a matter of fact, the petitioners have already submitted their representations on 28.05.2008 and 30.05.2008. However, without considering the same, the respondents are attempting to dispossess the petitioners. It is to be noted that since admittedly enquiry under Section 5A of the Act has not yet been completed and the declaration under Section 6 of the Act has also not been made, the petitioners cannot be dispossessed at this stage. In the circumstances, the writ petition is disposed of with a direction to the respondents to complete the enquiry under Section 5A of the Act as proposed under the notification dated 24.04.2008 and take necessary further steps following due process of law. In the meanwhile, the petitioners shall not be dispossessed from the lands in question without following due process of law. No costs. _______________ 24.06.2008 VGB