HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.6606 of 2008 Date : 30.09.2011 Between : Mr. D. Nagarajanaidu & another. …..Petitioners And Government of Andhra Pradesh, rep. by its Secretary, Department of Revenue (Land Acquisition) & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.6606 of 2008 ORDER : Petitioners claim that they are owners and possessors of land admeasuring Ac.2.04 cents, covered by Sy.Nos.73/4C, 72/3 and 78/1 of Panapakam village of Chandragiri Mandal in Chittoor District. In the writ petition, they have questioned the notification dated 08.11.2007, issued under Section 4(1) of the Land Acquisition Act, 1894, notifying the aforesaid land of petitioners for acquisition for formation of road from Kandulavaripalle village to Gaddamvaripalle village. It is the case of petitioners that already there is an existing road between the aforesaid villages, but without conducting any inquiry, the aforesaid land, being used for agriculture, has been notified for acquisition. In the counter affidavit filed by the 3rd respondent- Revenue Divisional Officer, who is the Land Acquisition Officer of Tirupathi Division in Chittoor District, while denying the various allegations made by the petitioners, it is stated that initially, land acquisition proceedings were initiated by invoking the urgency clause, but as the District Collector opined that the petitioners are to be given an opportunity by conducting inquiry under Section 5-A of the Land Acquisition Act, notices were issued in Form-3 on 8th January 2008, asking the petitioners to file their objections, if any, for the proposed acquisition. It is submitted that instead of filing their objections, the petitioners have approached this Court by filing this writ petition. When the inquiry is conducted under Section 5-A of the Land Acquisition Act, petitioners can put-forth their objections for the proposed acquisition. Though several grounds have been raised in the writ petition, in view of the pendency of inquiry under Section 5-A of the Land Acquisition Act, it is not necessary for this Court to delve into the same. In view of the stand of respondents that the inquiry under Section 5-A of the Land Acquisition Act is pending, I deem it appropriate to dispose of the writ petition permitting the petitioners to raise their objections within a period of eight (8) weeks from today, and if any such objections are filed, the same shall be inquired into before taking further steps in the matter. It is made clear that after final report is prepared, it is open to the respondents to take further steps in accordance with law. Subject to the above directions, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 30th September 2011 N.B: Issue C.C. in three days. (b/o) ajr