IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 15867 of 2008 Between: 1 Yerram Reddy Krishna Reddy S/o.late Ameer Reddy R/o.Brahmanapalli Village, Piduguralla Mandal, Guntur District. 2 Yerram Reddy Chandra Reddy S/o.Suryanarayana Reddy R/o.Brahmanapalli Village, Piduguralla Mandal, Guntur District. 3 Tamtam Nagamani W/o.Anjaneyulu R/o.Srinivasa Nagar Camp, Brahmanapalli Village, Piduguralla Mandal, Guntur District. 4 Chennam Venkateswarlu S/o.Basavaiah R/o.Brahmanapalli Village, Piduguralla Mandal, Guntur District. 5 Chennam Bhaskara Rao S/o.Venkateswarlu R/o.Brahmanapalli Village, Piduguralla Mandal, Guntur District. 6 Chennam Ramu S/o.Venkateswarlu R/o.Brahmanapalli Village, Piduguralla Mandal, Guntur District. 7 Chennam Narayanamma W/o.late Kiran Kumar R/o.Brahmanapalli Village, Piduguralla Mandal, Guntur District. 8 Addanki Rambabu S/o.Raghavaiah R/o.Brahmanapalli Village, Piduguralla Mandal, Guntur District. 9 Addanki Pedda Raghavaiah S/o.late Gudaru R/o.Brahmanapalli Village, Piduguralla Mandal, Guntur District. 10 Addanki Sudhakar Rao S/o.Pedda Raghavaiah R/o.Brahmanapalli Village, Piduguralla Mandal, Guntur District. 11 Dappili Chinna Narayana Reddy S/o.Chinna Veera Reddy R/o.Brahmanapalli Village, Piduguralla Mandal, Guntur District. 12 Motumarri Nageswara Rao S/o.Venkateswarlu R/o.Brahmanapalli Village, Piduguralla Mandal, Guntur District. 13 Vaka Bhadraiah S/o.Reddaiah R/o.Brahmanapalli Village, Piduguralla Mandal, Guntur District. 14 Yerram Reddy Anjaneyulu Reddy S/o.late Ananta Lachi Reddy R/o.Brahmanapalli Village, Piduguralla Mandal, Guntur District. 15 Dachepalli Ramamurthy S/o.Narayana R/o.Brahmanapalli Village, Piduguralla Mandal, Guntur District. 16 Kolisetty Laxmamma W/o.Hanumantha Rao R/o.Brahmanapalli Village, Piduguralla Mandal, Guntur District. 17 Venna Venkatarami Reddy S/o.Pichi Reddy R/o.Brahmanapalli Village, Piduguralla Mandal, Guntur District. 18 Venna Srinivasa Reddy S/o.Hanimi Reddy R/o.Brahmanapalli Village, Piduguralla Mandal, Guntur District. 19 Venna Krishna Reddy S/o.Hanimi Reddy R/o.Brahmanapalli Village, Piduguralla Mandal, Guntur District. 20 Venna Rosi Reddy S/o.Hanimi Reddy R/o.Brahmanapalli Village, Piduguralla Mandal, Guntur District. 21 Motumarri Venkateswarlu S/o.Hanumaiah R/o.Brahmanapalli Village, Piduguralla Mandal, Guntur District. 22 Vennam Venkateswara Reddy S/o.late Chinna Peri Reddy R/o.Brahmanapalli Village, Piduguralla Mandal, Guntur District. ..... PETITIONERS AND 1 The District Collector, Guntur, Guntur District. 2 The Special Collector (Land Acquisition), K.L.Rao Sagar (Pulichinthala) Project, Guntur, Guntur District. 3 The Special Deputy Collector (Land Acquisition), K.L.Rao Sagar (Pulichinthala) Project, Division-III, Kammavarithota, Guntur, 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 a Writ, one in the nature of a Writ of Mandamus or any other appropriate Writ, direction or order directing the respondents not to proceed with the acquisition of the respective lands of the petitioners lands in 530, 531, 536, 537 of Brahmanapalli hamlet of Kamepalli, Piduguralla Mandal, Guntur District, under notification under Section 4(1) of the Land Acquisition Act in R.C.No.C1/562/08, dt. 13.6.2008, in Survey Nos. 532, 534/C1, 534/C and 535, and consequently declare the 5-A proceedings of the third respondent as illegal, irregular and in violation of provisions of the Land Acquisition Act, and pass such other order or orders. Counsel for the Petitioner: MR.B.VISWANATHA REDDY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 15867 of 2008 O R D E R: The petitioners herein claim title and possession in respect of different extents of land situated in Sy.No.530/1, 531/1 of Brahmanapalli Village, Peduguralla Mandal, Guntur District. The said lands are acquired vide notification published under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’) dated 13-06-2008 for a public purpose namely providing house sites to the displaced persons under Pulichinthala Project. Since the enquiry under Section 5-A of the Act was proposed to be conducted, the Special Deputy Collector, Pulichinthala Project, Guntur District was authorized for the said purpose. The petitioners state that they have already submitted their objections and as could be seen from the notice issued under Section 5-A of the Act, the enquiry is scheduled to be held on 24-07-2008. However, the present writ petition is filed alleging that even before concluding the enquiry and making a declaration under Section 6 of the Act, the respondents are attempting to interfere with the possession of the petitioners in respect of the lands in question. Having heard the learned counsel for the petitioners as well as the learned Government Pleader and having regard to the fact that the declaration under Section 6 of the Act is not yet made, it is not open to the respondents to dispossess the petitioners from the lands in their possession pursuant to the notification dated 13-06-2008. Accordingly, while leaving it open to the respondents to proceed with the enquiry and take the appropriate steps in accordance with law, the writ petition is disposed of with a direction to the respondents not to interfere with the possession of the petitioners in respect of the lands in question in any manner whatsoever without considering the objections raised by the petitioners and without following due process of law. No costs. ______________ G. ROHINI,J Date: 23-07-2008 Note : Issue operative portion by wire. B/o KLP