IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SECOND DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 11029 of 2008 Between: Boinapalli Satya Susheela W/o.Ananta Veerabhadra Prasada Rao R/o.Kamarajupeta Kothapalli village Gokavaram Mandal, East Godavari District ..... PETITIONER AND 1 The Land Acquisition Officer and Revenue Divisional Officer Rajahmundry, East Godavari District 2 The District Collector, East Godavari District Kakinada 3 The Chief Commissioner of Land Administration Government of Andhra Pradesh, Hyderabad 4 STate of AP., rep.by its Principal Secretary to Government , Revenue Department, Secretariat Building Hyderabad .....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 a writ order or direction in the nature of mandamus or otherwise declaring the Proceedings Ref,.no.A/IND/1470/2008 dated 9.5.2008 issued by the 1st respondent as arbitrary, illegal, unconstitutional void and without jurisdiction violating Articles, 14 and 21 of the Constitution of India apart from ultra virus to section 4(1) of the Land Acquisition Act 1 of 1894 and set aside the same and issue consequential directions restraining the respondents from acquiring the petitioner land in SY.No.460/2B to the extent of 3 acres situated in Kothapally village, Gokavaram Mandal in East Godavari District in the interest of justice Counsel for the Petitioners: MR.P.V.KRISHNAIAH Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following Order: ORDER: The petitioner feels aggrieved by the notification dated 06.05.2008 issued under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’) by the second respondent proposing to acquire the lands of the petitioner and certain others for the purpose of providing house sites to the poor in the Village. She had raised several contentions in her challenge to the notification. Sri P.V. Krishnaiah, learned counsel for the petitioner had also advanced arguments touching upon the validity of the notification. The Assistant Government Pleader for Land Acquisition submits that a notice proposing to conduct enquiry under Section 5-A of the Act has already been issued on 09.05.2008 and that the petitioner can put- forth all her contentions. The petitioner could have felt the grievance vis-à-vis a notification under Section 4(1) of the Act if only the enquiry under Section 5-A of the Act is dispensed with and declaration under Section 6 of the Act is published. In the instant case an enquiry under Section 5-A of the Act is contemplated and the notice for that purpose has already been issued on 09.05.2008. The petitioner can put-forth all her objections in the proposed enquiry. This Court is not inclined to interfere with the notification issued under Section 4(1) of the Act. The petitioner can approach this Court in case her grievance is not redressed in the subsequent proceedings. The writ petition is accordingly dismissed leaving it open to the petitioner to participate in the enquiry under Section 5-A of the Act and she can put-forth her contentions therein. No costs. _______________________ L.NARASIMHA REDDY, J 22nd May, 2008 Note: Issue CC in three days. (B/o) GHN To 1 The Land Acquisition Officer and Revenue Divisional Officer Rajahmundry, East Godavari District 2 The District Collector, East Godavari District Kakinada 3 The Chief Commissioner of Land Administration Government of Andhra Pradesh, Hyderabad 4 STate of AP., rep.by its Principal Secretary to Government , Revenue Department, Secretariat Building Hyderabad 5 2CCs to Government Pleader for Land Acquisition 6 2CD copies Form-NIC-OGS/WP{TRK}