IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 3195 of 2008 Between: 1 Gollu Achhiyamma W/o. Late Rama Appala Naidu R/o. Railaway station road, Annavaram of East Godavari Dist. 2 Gollu Suramma W/o. Late Chinadevudu R/o. Railaway station road, Annavaram of East Godavari Dist. 3 Gollu Ammanna W/o. Late Apparao R/o. Railaway station road, Annavaram of East Godavari Dist. 4 Gollu Satyanarayana S/o. Suryanarayana R/o. Railaway station road, Annavaram of East Godavari Dist. 5 Rayavarapu Achharao S/o. Sanyasim R/o. Railaway station road, Annavaram of East Godavari Dist. 6 Rayavarapu Simhachalam S/o. Sanyasi R/o. Railaway station road, Annavaram of East Godavari Dist. 7 Rayavarapu Bhaskara Rao S/o. Naganna R/o. Railaway station road, Annavaram of East Godavari Dist. 8 Rayavarapu Satyanarayana S/o. Naganna R/o. Railaway station road, Annavaram of East Godavari Dist. ..... PETITIONER(S) AND 1 The State of A.P. rep. by its District Collector , East Godavari Dist, Kakinada. 2 The Revenue Divisional Officer, East Godavari Dist Peddapuram. .....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 pleased to declare the Proceeding of the Collector and District Magistrate, East Godavari District Kakinada under Ref.No./G2/5698/2007, dt.11-01-2008 as illegal and arbitrary and issue writ in the nature of Mandamus or any other appropriate writ or order or direction, directing the Respondents not to Acquire the land of the petitioners in S.No.87/1 and 87/2 of Annavaram Mandal, East Godavari District under Land Acquisition Act in pursuance of notification of Respondents No. G2/5698/2007, dated.12-09-2007 and to pass such other and further order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioners: MR.S.SURYA PRAKASA RAO Counsel for the Respondent No.: AGP FOR LAND ACQUISITION The Court made the following: THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.3195 of 2008 ORDER: This writ petition is filed for a writ of mandamus to direct the respondents not to acquire the lands of the petitioners comprised in Sy.Nos.87/1 and 87/2 of Annavaram Village, Sankavaram Mandal, East Godavari District in pursuance of notification dated 12.09.2007 issued under Section 4(1) of the Land Acquisition Act, 1894 (for short, ‘the Act’). The lands of the petitioners along with the lands of other persons were proposed to be acquired by the impugned notification for providing house sites to weaker sections. In response to the notice issued under Section 5A of the Act, the petitioners filed their objections. The said objections were enquired into by respondent No.2 who submitted a report to the District Collector, East Godavari District, Kakinada, who, by order dated 11.01.2008, rejected the objections. On 06.02.2008, declaration under Section 6 of the Act has been issued. At the hearing, Sri S. Surya Prakasa Rao, learned counsel for the petitioners submitted that though the District Collector, East Godavari in his order dated 11.01.2008 admitted that the petitioners are small farmers, he, however, rejected the submission of the petitioners that the proposal to acquire their lands when Government poramboke lands are available in and around the village of Annavaram in Sy.No.76/1 etc., is arbitrary and illegal on the ground that no suitable lands for construction of houses are available in the village. He further submitted that issuance of notification by Revenue Divisional Officer, Peddapuram under Section 4(1) of the Act is without jurisdiction because under the provisions of the Act the District Collector is competent to issue a notification. Learned Assistant Government Pleader for Land Acquisition submitted that notification dated 12.09.2007 was amended by an errata published on 19.09.2007 in Andhra Prabha daily newspaper by replacing respondent No.2 with the District Collector. This submission of the learned Assistant Government Pleader could not be denied by the learned counsel for the petitioners. Therefore, the second contention of the learned counsel for the petitioners is rejected. With regard to the first contention, I find merit in the same. Order dated 11.01.2008 passed by the District Collector shows that the objections of the petitioners were rejected only on the ground that there are no suitable lands for construction of houses. This reasoning of the District Collector pre-supposes that Government poramboke lands do exist, but they are not suitable for construction of houses. In my considered view, when availability of Government lands is admitted by the District Collector, he shall properly deal with the objections of the land owners by giving reasons as to why those lands are found not suitable. Failing to give proper reasons would cause serious prejudice to the land owners, especially when they are small farmers. In this view of the matter, order dated 11.01.2008 and declaration dated 06.02.2008 issued under Section 6 of the Act, to the extent they are concerned with the petitioners, are set aside. The District Collector, East Godavari District, Kakinada, is directed to reconsider the objections of the petitioners and pass orders afresh by giving detailed reasons. He shall also give an opportunity of personal hearing to the petitioners since it is one of their grievances that they are not afforded opportunity of personal hearing by respondent No.2. Subject to the above observations, the writ petition is disposed of. As a sequel to disposal of the writ petition in the manner indicated above, WPMP.No.4170 of 2008 filed by the petitioners for interim relief is disposed of as infructuous. C.V. NAGARJUNA REDDY, J Date: 18.02.2008 ES To 1. The District Collector, East Godavari District, Kakinada. 2. Government Pleader for Land Acquisition. 3. 2CCs to 4. 2CD copies