HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.6399 of 2007 04.02.2008 Between: Chandana Ramesh and others … Petitioners AND The District Collector, East Godavari and others … Respondents HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.6399 of 2007 ORDER: This writ petition is filed for a writ of mandamus to declare notification, dated 17.1.2007 issued under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’) to the extent it relates to Ac.3.58 cents of land in Survey No.167/2 of Srikrishnapatnam Village, Rajanagaram Mandal, East Godavari District as illegal and void. Heard Sri K.Venkatesh, learned counsel for the petitioners and the Assistant Government Pleader for Land Acquisition for the respondents. At the hearing, the learned counsel for the petitioners supplied a copy of order, dated 23.10.2007 passed by this Court in Writ Petition No.19547 of 2007, in which, the same notification was questioned on the ground that dispensing with the enquiry under Section 5A of the Act is illegal. This Court held that the purpose of acquisition, namely, digging of canal for supplying water is not that emergent in nature, which warrants dispensing with the enquiry. Since the notification impugned in this writ petition is common, the same reasoning holds good for this case as well. In view of the above, the writ petition is allowed and declaration, dated 20.1.2007 issued under Section 6 of the Act is set aside. The respondents are directed to hold an enquiry under Section 5A of the Act and proceed further after disposal of the objections, if any, filed by the petitioners in accordance with law. C.V.NAGARJUNA REDDY, J 4th FEBRUARY, 2008. kvni