IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTH DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 10434 of 2008 Between: 1 Maddu Hanumantha Rao S/o.Subba Rao R/o.Opp:Police Station Road, Piduguralla Guntur District 2 J.Srinivasa Reddy S/o.Venkata Reddy R/o.Venigandla Village, peddakakani Mandal Guntur District 3 J.Sreeravamma W/o.Venkata Reddy R/o.Venigandla village, Peddakakani Mandal Guntur District ..... PETITIONERS AND 1 The District Collector, Guntur, Guntur District 2 The Special Deputy Collector (Land Acquisition) Dr.K.L.Rao Sagar (Pulichintala) Project, Guntur .....RESPONDENTS Counsel for the Petitioners: MR.G.V.S.MEHAR KUMAR Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following Order: O R D E R: This writ petition is filed for a writ of Mandamus to set aside notification dated 08.04.2008 issued under Section 4(1) of the Land Acquisition Act, 1894 (the Act, for short). Heard Sri G.V.S. Mehar Kumar, the learned counsel for the petitioners and the learned Assistant Government Pleader for Land Acquisition for the respondents. A perusal of the impugned notification does not indicate whether enquiry under Section 5-A of the Act is dispensed with or not. Unless the Land Acquisition Officer specifically invokes the urgency clause under Section 17(4) of the Act and exercises such power by a specific reference in the notification, it is deemed that enquiry is not dispensed with. My conclusion of this is further supported by the fact that having regard to the purpose for which the land is proposed to be acquired viz., for rehabilitation of the persons displaced in Dr.K.L.Rao Sagar (Pulichinthala) Project, the respondents cannot dispense with enquiry, as the said purpose does not warrant invocation of urgency clause. In view of the same, the writ petition is disposed of. The respondents are directed to hold enquiry under Section 5-A of the Act by giving the petitioners an opportunity of personal hearing before seeking to proceed further in pursuance of the impugned notification. As a sequel to disposal of the writ petition, W.P.M.P.No.13658 of 2008 filed by the petitioners for interim relief is disposed of as infructuous. __________________________ C.V. NAGARJUNA REDDY, J 07th May, 2008 GHN/LUR