HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.7614 of 2008 Date : 10.10.2011 Between : Ravikanti Srinivas. …..Petitioner And The District Collector, Karimnagar & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.7614 of 2008 ORDER : This writ petition is filed, seeking directions by way of Mandamus, declaring the notification, dated 07.02.2008, issued under Section 4(1) of the Land Acquisition Act, 1894, seeking to acquire the lands of petitioner, admeasuring Ac.2.38 gts., covered by Sy.No.187 and Ac.1.26 gts. covered by Sy.No.193, situated at Kamanpur village and Mandal of Karimnagar District, as illegal and void. The aforesaid lands were notified for acquisition for providing house sites to weaker sections under Phase-III of ‘Indiramma Programme’. Inquiry is being conducted under Section 5-A of the Land Acquisition Act, and the petitioner has also filed his objections in the said inquiry, and when such objections are pending consideration, this writ petition is filed. It is the case of petitioner that the notification was not published in the widely circulated newspapers, as prescribed under the Land Acquisition Act. It is also his case that the Revenue Divisional Officer has no authority or jurisdiction to issue notice of inquiry under Section 5-A of the Land Acquisition Act. When objections are already filed by the petitioner in the inquiry under Section 5-A of the Land Acquisition Act, the same cannot be examined in this writ petition filed under Article 226 of the Constitution of India. So far as the power of the Revenue Divisional Officer is concerned, it is always open for the Land Acquisition Officer to conduct inquiry and submit his report to the District Collector, who is the authority for passing order under Section 5-A(1) of the Land Acquisition Act. When notice is issued for conducting inquiry by the Revenue Divisional Officer who is the Land Acquisition Officer, it cannot be said that he has no jurisdiction to conduct such inquiry. With regard to the other objections, as the same are already placed before the competent authority, he can consider the same before taking further steps. As it is submitted by the learned Government Pleader that no order is passed pursuant to conducting of inquiry under Section 5-A of the Land Acquisition Act, I deem it appropriate to dispose of the writ petition, directing the 1st respondent to consider the objections filed by the petitioner against the proposed acquisition and take further steps in accordance with law. The petitioner is also given further six weeks time to file his objections with regard to non-publication of notification in accordance with the provisions under Section 4(1) of the Land Acquisition Act. There shall be a further direction to the respondents not to take any steps for dispossession of petitioner unless the inquiry is conducted and final orders are passed under Section 5- A(1) of the Land Acquisition Act. Subject to the above directions, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 10th October 2011 ajr