IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 23551 of 2008 Between: 1 B.Kuppi Reddy S/o Ramakrishna Reddy Motharanganapalle(V) Gangadhara Nellore(M) Chittoor Dist 2 B.Raja Reddy S/o Subba Reddy Motharanganapalle(V) Gangadhara Nellore(M) Chittoor Dist 3 B.Ranghunandha Reddy S/o Krishna Reddy Motharanganapalle(V) Gangadhara Nellore(M) Chittoor Dist 4 B.Lakshmikanthamma W/o. B.Kuppi Reddy Motharanganapalle(V) Gangadhara Nellore(M) Chittoor Dist ..... PETITIONER(S) AND 1 The Government of Andhra Pradesh rep.by its Secretary Land Acquisition Secretariat Buildings, Hyderabad 2 The District Collector Chittoor District,Chittoor 3 The Revnue Divisional Officer Cum-Land Acquisition Officer,Chittoor District 4 The Tahasildar G.D Nellore(M) Chittoor District .....RESPONDENT(S) 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 an appropriate writ order or direction more particularly one in the nature of "writ of Mandamus" declaring the notiﬁcation published in Chittoor Gazette Extraordinary No.301/CTR/2008 dt 2-8-2008 of the 2nd respondent and the notice dt 29-8-2008 issued under Section 5-A of the Land Acquisition act 1894 in F/588/2008 of the 3rd respondent and the consequential proceedings in So far it relates to the lands of the petitioners admeasuring Ac 0-02 cents in Sy.No.23/4bi,Ac 0-20 cents in Sy.No.27/10h2 Ac 0-06 centsn in Sy No.23/5a1, Ac 0-05 cents in Sy No.24/2al,Ac 0-02 cents in Sy No.27/5b2,ac 0-02 cents Sy 27/8b Ac 0-01 cents in Kalijavedu(V),Gangadharanellore(M) Chittoor District as being illegal,arbitrary and accordingly set aside the impugned notiﬁcation and consequently the respondents be directed not to dispossess the petitioners in respect of the lands covered by the said notification and to pass Counsel for the Petitioner: MR.S.V.MUNI REDDY Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following Order: The petitioners challenge the notiﬁcation dated 02-08-2008 issued under Section 4 (1) of the Land Acquisition Act, 1894 (for short, ‘the Act’) proposing to acquire 47 cents of land in Kalijavedu Village, G.D. Nellore Mandal, Chittoor District for the purpose of providing road from Gangireddy Kandriga to Yanadi Colony. The petitioners state that on an earlier occasion, a notiﬁcation was issued on 23-04-2007 for the purpose of providing road and the proceedings were dropped on the basis of the representation made by the petitioners and others. It is contended that the suits ﬁled by the alleged beneﬁciaries were dismissed by the civil Court holding that there is an alternative access to the colony. The petitioners submit that though enquiry under Section 5-A of the Act is not dispensed with, the respondents are trying to dispossess them. Heard the learned counsel for the petitioners and the learned Government Pleader for Land Acquisition. It is true that in the notiﬁcation dated 28-04-2007, sub-section (4) of Section 17 of the Act was invoked and enquiry under Section 5-A of the Act was dispensed with. For one reason or the other, further steps in pursuance of the said notiﬁcation were dropped. In the instant notiﬁcation, urgency clause is not invoked and obviously enquiry under Section 5-A of the Act would be conducted. The petitioners can put forward all their objections in the course of enquiry. Respondents 2 and 3 are under obligation to consider the same dealing with their objections and pass a reasoned order. The question of dispossessing the petitioners till an award is passed does not arise. Hence, the writ petition is disposed of directing that it shall be open to the petitioners to submit their objections in the enquiry under Section 5-A of the Act and respondents 2 and 3 shall pass a reasoned order dealing with every objection raised by the petitioners. The petitioners shall not be dispossessed unless and until the declaration under Section 6 of the Act is published and an award is passed under Section 11 of the Act. L.NARASIMHA REDDY, J 30-10-2008 ks Note: Furnish CC in three days. B/O ks