IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 4585 of 2008 Between: 1 D.Padmavathi W/o. Late D. Krishnama Naidu R/o. 18-05-319/A9, Sapthagiri Nagar, Tirupati, Chittoor District. 2 Balachandra naidu S/o. Late D. Krishnama Naidu R/o. 18-05-319/A9, Sapthagiri Nagar, Tirupati, Chittoor District. 3 D. Sriramulu Naidu S/o. Late D. Krishnama Naidu R/o. D.No. 18-4-108, Railway Colony, Tirupati, Chittoor District. 4 D. Ravichandra Naidu S/o. Late D. Krishnama Naidu R/o. D.No. 19-12-21, Gaigagi Patteda, Tirupati, Chittoor District. ..... PETITIONER(S) AND 1 The State of Andhra Pradesh, Rep. by its Secretary (Revenue Department) Secretariat Buildings, Saifabad, Hyderabad. 2 The District Collector, Chittoor District, Chittoor. 3 The Revenue Divisional Officer, Chittoor, Chittoor District. .....RESPONDENT(S) 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 No,. LNW/14249/2007 dt. 6-11-2007 published on 23-11-2007 issued by the 2nd respondent under Sec. 4(1) of Land Acquisition Act as illegal, arbitrary and contrary to the Provisions of natural justice and consequently set aside the same to the extent of petitioner's land. Counsel for the Petitioner:MR.N.BHARAT BABU Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : Form-NIC-OGS/WP{VSMI} O R D E R:- This writ petition is filed seeking a mandamus to declare the Notification dated 6.11.2007 issued by the 2nd respondent-District Collector under Section 4(1) of the Land Acquisition Act (for brevity “the Act), as arbitrary and illegal. The petitioners’ case is that their father late D. Krishnamanaidu purchased Ac.12.57 cents of agricultural land in S.No.474 situated in Thimmasamudram village from Venkataswamy Reddy and A.Harikrishna Reddy under a registered sale deed dated 2.7.1957 for valid consideration. After the death of their father, the petitioners have been cultivating the land by raising crops. Now, the petitioners’ grievance is that the 2nd respondent-District Collector issued a Notification dated 6.11.2007 under section 4(1) of the Act proposing to acquire lands of an extent of Ac.27.17 cents situated in different survey numbers at Thimmasamudram village including the petitioners’ land of an extent of 12.57 cents. Heard the learned counsel for both the parties and perused the material placed on record. Inasmuch as the respondents have not dispensed with the enquiry under Section 5(A) of the Act and it is incumbent on them to hold an enquiry under this provision of law, it may not be necessary for this Court to go into various contentions raised by the learned counsel for the petitioners, but deems it appropriate to direct the petitioners to approach the Land Acquisition Officer and ventilate their grievance. Hence, this writ petition is disposed of with a direction to the petitioners to participate in the enquiry to be conducted under Section 5(A) of the Act. As it is apprehended that the petitioners may be dispossessed, the respondents are hereby directed not to dispossess the petitioners from their lands pending enquiry. No costs. _______________ 07.03.2008 bcj