IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION No. 25235 of 2008 Between: Matrix Sea Foods India Private Limited, rep. by its Director, Sri V. Siva Prasad, S/o. V. Krishnaiah, D.No.7-1-644/17A, Sundernagar, Erragadda, Hyderabad. ..... PETITIONER AND 1 Government of Andhra Pradesh Rep. by its Principal Secretary, Infrastructure and Investment (Ports-1) Department, Secretariat Building, Hyderabad. 2 The District Collector, Prakasam District Ongole. 3 The Special Deputy Collector, (Land Acquisition) Bandula Obula Reddy Gundla Kamma Reservoir Project Ongole, Prakasam District. 4 The Mandal Revenue Officer, Chinnaganjam Mandal, Ongole Revenue Division, Prakasam 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 to issues writ of Mandamus by settilng aside the G.O.ms.No. 31 (I & I) (Ports-1) Department dt. 11-7-2008 on the ﬁle of the ﬁrst Respondent and consequent issuance of notiﬁcation under Section 4(1) of the Land Acquisition act relating acquision of lands in G.O.Ms.No. 31(I&I) (Ports-1) Department dt. 11-7-2008 and form no. 2-A as publish in Surya Daily News Paper dt. 13-7-2008 relating the acquisition of the petitioner's land admeasuring Ac 32-44 cents of Motupally Village, Chinnaganjam, Mandal, Prakasam District as illegal arbitrary violative of Article 14, 21 and 300-A of the Constitution of India and contrary to the provisions of the Land Acquisition Act 1864 consequently direct the respondents not to dispossess the petitioner from the possession of its land admeasuring Ac 32-44 cents out of Sy.Nos. 143/3, 143/4, 143/5, 143/6, 143/8, 143/9, 143/10, 143/11, 144/1, 144/5, 144/7, 144/8, 144/10, 144/11, 144/12, 144/13, 144/14, 145/1, 145/2, 145/3, 145/4, 146/1, 146/2, 146/3 of Motupally Village, Chinnaganjam Mandal, Prakasam District and pass Counsel for the Petitioner:MR.L.PRABHAKAR REDDY Counsel for the Respondent No.: GP FOR LAND ACQUISITION THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION No.25235 of 2008 ORDER: Petitioner’s land of an extent of Ac.32.44 cents is under acquisition. The apprehension of the petitioner is that pursuant to the order of this Court in W.P.No.16425 of 2008 dated 30-07-2008, while they had submitted their objections to the acquisition on 11-09-2008, the respondents were trying to dispossess them from the lands in question without passing orders under Section 5-A of the Land Acquisition Act, 1894. Heard Sri L.Prabhakar Reddy, learned counsel for the petitioner, the learned Government Pleader for Land Acquisition and the learned Government Pleader for Roads and Buildings. Learned Government Pleader for Land Acquisition, on instructions, would submit that 5-A enquiry was held on 05-09-2008 and the petitioner’s objections dated 11-09- 2008 were taken on record, that a report was submitted to the Government and that the decision of the Government is awaited. Learned Government Pleader, on instructions, would further submit that the apprehension of the petitioner with regards their being dispossessed from the land in question is without basis since the question of dispossession would arise only after an award is passed and not prior thereto. Recording this submission made by the learned Government Pleader for Land Acquisition, on instructions, that the respondents would not dispossess the petitioner from their lands till an award is passed, the writ petition is disposed of. No order as to costs. RAMESH RANGANATHAN,J Dt:19-11-2008 Usd To 1 The Principal Secretary, Government of Andhra Pradesh Infrastructure and Investment (Ports-1) Department, Secretariat Building, Hyderabad. 2 The District Collector, Prakasam District Ongole. 3 The Special Deputy Collector, (Land Acquisition) Bandula Obula Reddy Gundla Kamma Reservoir Project Ongole, Prakasam District. 4 The Mandal Revenue Officer, Chinnaganjam Mandal, Ongole Revenue Division, Prakasam District. 5 Two CCs to the GP for Land Acquisition, High Court Buildings, Hyderabad (OUT). 6 Two CD copies