IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 27895 of 2008 Between: 1 Gajjala Naga Malleswara Rao (Hindu) S/o. Adinarayana R/o. Mopidevi Lanka, Mopidevi Mandal, Krishna District. 2 Gajjala Seshagiri Rao (Hindu) S/o. Adinarayana R/o. Mopidevi Lanka, Mopidevi Mandal, Krishna District. ..... PETITIONERS AND 1 Government of Andhra Pradesh Rep. by its District Collector Chilakalapudi, Machilipatnam - 521 001, Krishna District. 2 The Revenue Divisional Officer Bandar Division Chilakalapudi, Machilipatnam - 521 001, Krishna 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 issue appropriate Writ, order or direction more particularly in the nature of Writ of Mandamus declaring the impugned notification issued by the 1st respondent herein in Form No.2 A under Sec. 4(1) of the Land Acquisition Act while invoking the urgency Clause under Sec. 17 (1) & (2) of the Land Acquisition Act as arbitrary, illegal, capricious and violative of all cannons of law and justice and consequently set aside the same by directing to here the objections of the petitioners by conducting enquiry under Sec. 5A of the Land Acquisition Act 1894. Counsel for the Petitioner: MR.UDAYA BHASKAR Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETI TION No. 27895 of 2008 O R D E R: This writ petition is filed seeking a declaration that the notification dated 03-12-2008 issued under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’) for acquiring the land situated in R.S.No.48/1 Mopidevi Lanka Village, Mopidevi Mandal, Krishna District is arbitrary and illegal. The impugned acquisition is assailed primarily on the ground that the petitioners were not given an opportunity to raise the objections. However, the impugned notification itself shows that the urgency clause under Section 17(4) of the Act has not been invoked. Learned Government Pleader for Land Acquisition under instructions stated that the enquiry under Section 5-A of the Act is being conducted and the said enquiry is posted to 26-01-2009. The statement of the learned Government Pleader is placed on record and the writ petition is disposed of leaving it open to the petitioners to submit their objections and participate in the enquiry. No costs. ______________ G. ROHINI,J Date: 23-12-2008 KLP