THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.15919 of 2006 July 12, 2010 Between: K.Venkateswara Rao, S/o.lakshmana Rao And others … Petitioners And The Land Acquisition Officer and Revenue Divisional Officer, Mulug, Waranga District And others ... Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.15919 of 2006 ORDER: The three petitioners whose lands in survey Nos.11/3 (Acs.0.34), 11/5 (Acs.0.40) and 11/6 (Acs.0.26) situated at Neggipudi village of Penumantra Mandal in West Godavari District, filed instant writ petition assailing the notice under Section 5-A of the Land Acquisition Act, 1894 (the Act) requiring them to lodge their objections for acquiring the land. The main contention that was taken is that the enquiry under Section 5-A of the Act was not preceded by a mandatory notification under Section 4(1) of the Act. They however submitted their objections before the first respondent. In the counter affidavit filed by the first respondent, it is stated that notice under Section 4(1) of the Act was issued on 09.5.2006 and that the same was published in Newspapers on 12.5.2006. It is also further stated that the objections filed by petitioners have been rejected by the Revenue Divisional Officer, Kovvur. It is inter alia contended that the respondent has no jurisdiction to reject the objections filed during the enquiry under Section 5-A of the Act and that the said proceedings are without jurisdiction. The issue raised in this writ petition is squarely covered by judgment of this Court in Penmetsa Venkata Satya Appala Visweswara Durga Surya Subrahmanya Varma v The Government of Andhra Pradesh[1], wherein it was held as follows. 1. The declaration under Section 6(1) of the Act in all the writ petitions is quashed; 2. All the petitioners are given liberty to make representations/ additional representations raising objections/additional objections within a period of two weeks from the date of receipt of a copy of this order; 3. As and when such representations are made as mentioned in clause (ii) above, the concerned RDO shall conduct fresh enquiry after giving an opportunity to all the petitioners, prepare a report and submit the same to the District Collector; 4. After receiving the report on the RDO, the District Collector shall take final decision under Section 5-A of the Act before further proceeding under the Act. If any of the petitioners has any grievance thereafter, they are at liberty to assail the land acquisition proceedings by taking fresh proceedings before the appropriate Forum. In view of the ratio as above, the writ petition is disposed of, setting aside the impugned endorsement and further directing respondent to submit a report to District Collector, who shall take final decision under Section 5-A of the Act before proceeding further under the Act. Till the exercise is completed, there shall be status quo as on today. The writ petition is accordingly disposed of. No costs. ________________ (V.V.S. RAO, J) July 12, 2010 YS [1] W.P.Nos.20360 of 2006 and batch, dated 29.9.2006.