IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 10729 of 2007 Between: 1 P. Venkat Raju, S/o. Chandra Raju, R/o. Gollalakoderu Village, Palakoderu Mandal, W.G.District. 2 P. Guruprasada Raju, S/o. Venkata Raju, R/o. Gollalakoderu Village, Palakoderu Mandal, W.G.District. ..... PETITIONER(S) AND 1 The District Collector, Eluru, W.G.District. 2 The Revenue Divisional Officer, Narsapur, W.G.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 a Writ, order or direction, more particuarlly one in thenature of writ of mandamus, declaring the action of the respondents in issuing the 4(1) Notiﬁcation R.O.C.No.SW/269/07/G2 dt. 10.05.2007 is without jurisdiction contrary to Section 3 of A.P. Agricultural Land ( Conversion for Non-Agricultural Purpose) Act, 2006, is highly arbitrary, malaﬁde, politically motivated, discriminatory, violative of Articles 14, 21 and 300-A of the Constitution of India, illegal and unsustainable and pass. Counsel for the Petitioner:MR.S.SURYA PRAKASA RAO Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 10729 of 2007 ORDER: The petitioners claim to be the owners of land, admeasuring Ac.4.0.3 cents, in Survey No.157/1 and 2 of Gollalakoderu Village, Palakoderu Mandal, West Godavari District. The District Collector, West Godavari, 1st respondent herein issued a notiﬁcation, dated 10.05.2007, under Section 4(1) of the Land Acquisition Act (for short ‘the Act’), proposing to acquire the land of the petitioners, for the purpose of providing house sites to the poor. The petitioners challenge the notiﬁcation on several grounds. They state that it is a double crop wet land and even though, vast extent of Government land is available, their land is sought to be acquired. They have furnished the numbers and extents of the available government land. Heard the learned counsel for the petitioners, learned Government Pleader for Land Acquisition and learned counsel for respondents 3 to 8. The 1st respondent issued the notiﬁcation under Section 4(1) of the Act, without invoking the urgency clause. The enquiry under Section 5-A of the Act is proposed to be conducted. The petitioners and other interested persons can put forward their grievances, during the course of enquiry. The 1 st respondent is under obligation to pass a reasoned order, dealing with the objections raised by the petitioners. In case, the order emerges against the petitioners, they can institute proceedings at that stage also. As of now, the petitioners cannot be said to have suﬀered any detriment or grievance. Therefore, the writ petition is disposed of, leaving it open to the petitioners to put forward their grievances, during the course of enquiry under Section 5-A of the Act. Respondents 1 and 2 shall deal with the same in an objective manner and shall not interfere with the possession of the lands of the petitioners, till an order is passed under Section 5-A of the Act, and a consequential notiﬁcation is issued under Section 6 of the Act. It shall also be open to the petitioners to pursue further proceedings, in case the enquiry under Section 5-A of the Act results in any orders adverse to their interests. The petitioners are granted two (2) weeks’ time from today to submit their objections in the enquiry under Section 5-A of the Act. There shall be no order as to costs. _________ 17.10.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{JGK} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 10729 of 2007 Date: 17.10.2008 JSU