IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 5784 of 2008 Between: 1 Movva Vijaya Lakshmi W/o.Jagadeeswara Rao R/o. Epuru village, Kolluru Mandal, Guntur District. 2 Movva Aparna D/o.Jagadeeswara Rao R/o. Epuru village, Kolluru Mandal, Guntur District. 3 Desu Krishna Murthy S/o.Samudraiah R/o. Epuru village, Kolluru Mandal, Guntur District. ..... PETITIONERS AND 1 The Collector & District Magistrate, Guntur, Guntur District. 2 The Revenue Divisional Officer, Tenali, Guntur District. .....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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the notification in Rc.No.496/2008 dated 17.2.2008 issued by the 1st Respondent as illegal, contrary to law and arbitrary. Counsel for the Petitioner: Mr.VENKATESWARLU POSANI Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following : ORDER: Petitioners approached this Court and filed the present Writ Petition questioning the notification, dated 17-02-2008, in Rc.No.496/2008 issued by the 1st respondent-Collector & District Magistrate, Guntur District under Section 4(1) of the Land Acquisition Act ( for brevity, ‘the Act’). 2. Heard learned counsel appearing for the petitioners as well as the learned Government Pleader for Land Acquisition appearing for the respondents. 3. From a perusal of the said notification it is clear that the petitioners in haste approached this Court and filed the present Writ Petition. In Paragraph No.3 of the said notification it is clearly stated that the 1st respondent authorized the 2nd respondent-Revenue Divisional Officer, Tenali to perform the functions of the Collector under Section 5-A of the Act. It is also clear that the 2nd respondent will hold an enquiry and submit a report to the Court. 3. When the 2nd respondent is directed to conduct an enquiry as per Section 5-A of the Act, petitioners are at liberty to approach the 2nd respondent and file all their objections before him. I am sure the 2nd respondent, after affording an opportunity of personal hearing to the petitioners and after looking into the objections, will submit a report to the 1st respondent pursuant to which the 1st respondent will pass an order. Without doing the same as stated supra the petitioners approached this Court in a hasty manner. 4. Accordingly, Writ Petition is disposed of at the stage of admission with a direction to the petitioners to approach the 2nd respondent and raise all objections including the availability of alternative suitable land and I am sure the 2nd respondent will afford the opportunity of personal hearing to the petitioners before deciding the issue. There shall be no order as to costs. _______________________ T.GOPALAKRISHNA,J 18th March, 2008 Note: Furnish C.C. of the order within three days. B/o Tsy To 1 The Collector & District Magistrate, Guntur, Guntur District. 2 The Revenue Divisional Officer, Tenali, Guntur District.