IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 14265 of 2008 Between: 1.Yadanaparthi Subba Reddy S/o.Balarami Reddy R/o.Chillakuru Village & Mandal, Nellore, Nellore District. 2.Y.Gopal Reddy S/o.Balarami Reddy R/o.Chillakuru Village & Mandal, Nellore, Nellore District. 3.Y.Venkat Narasa Reddy S/o.Adinarayana Reddy R/o.Chillakuru Village & Mandal, Nellore, Nellore District. 4.Y.Vijayalaxmi R/o.Chillakuru Village & Mandal, Nellore, Nellore District. 5.Pamooru Venkata Srinkanth Reddy S/o.P.Sesha Reddy R/o.8-3-214/1/S, Srinivasanagar (West), Hyderabad - 500 038. ..... PETITIONERS AND 1.The Special Collector, (FACT),. Telugu Ganga Project, Nellore, Nellore District. 2.The Superintendent of Engineer, Special Collector (FACT) Telugu Ganga Project, Nellore, Nellore District. 3.The Executive Engineer, Telugu Ganga Project, Nellore, Nellore 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 appropriate writ, order or direction most preferably one in the nature of a Writ of Mandamus, declaring the proceedings on the file of the first respondent in RCD(1) 1379 of 2007 dt. 19.12.2007 as being illegal and arbitrary and set aside the same. Counsel for the Petitioners: MR.P.SRINIVAS REDDY Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following ORDER: THE HON’BLE MS JUSTICE G.ROHINI Writ Petition No.14265 of 2008 ORDER: The lands belonging to the petitioners herein are sought to be acquired under the provisions of the Land Acquisition Act, 1894 (for short ‘the Act’) for the purpose of public purpose, namely, digging of 14L Minor Canal under Telugu Ganga Project. The notification under Section 4(1) of the Act was published on 19.12.2007, whereunder while invoking urgency clause under Section 17(4) of the Act, enquiry under Section 5A of the Act was dispensed with. It is primarily contended by the petitioners that the action of the respondents in dispensing with the enquiry under Section 5A of the Act, thereby depriving the petitioners of the opportunity to raise their objections, is arbitrary and illegal. At the outset, it is to be noted that under similar circumstances, this Court disposed of W.P.No.13619 of 2008, wherein the land of the petitioners therein was sought to be acquired for the very same public purpose, directing the respondents to conduct enquiry under Section 5A of the Act. Since the petitioners are also similarly situated, following the order in W.P.No.13619 of 2008, the writ petition is disposed of directing the respondents to conduct enquiry under Section 5A of the Act, after following due process of law. No costs. _______________ 04.07.2008 VGB