THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.2071 of 2008 Date: 07.02.2008 Between: N. Venkata Ramana … Petitioner AND The Revenue Divisional Officer, Bandar Division, Krishna District at Machilipatnam & another. … Respondents Counsel for the petitioner : Smt. S. Madhavi Counsel for the respondents: Assistant Government Pleader for Land Acquisition THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.2071 of 2008 ORDER:- This writ petition is filed for a writ of mandamus to declare the action of the respondents in seeking to dispossess the petitioner without holding enquiry under Section 5A of the Land Acquisition Act, 1894 (for short, ‘the Act’), as illegal, arbitrary and without jurisdiction. Heard Smt. S. Madhavi representing the learned counsel for the petitioner and the learned Assistant Government Pleader for Land Acquisition. At the hearing, the only contention raised by the learned counsel for the petitioner is that though the petitioner submitted his objections on 05.12.2007 to respondent No.1, no enquiry has been conducted so far and that on 10.12.2007 when the petitioner went to the office of respondent No.1, he was informed by respondent No.1 that he will intimate the date of personal hearing later. The learned counsel submitted that the petitioner subsequently submitted his representation on 15.12.2007 about what transpired on 10.12.2007 and that without conducting enquiry and passing orders, respondent No.1 sent his officials on 29.12.2007 for taking measurements of the land. According to the petitioner, no measurements could be taken by the respondents without completing enquiry under Section 5A of the Act. I have considered the objections of the learned counsel for the petitioner, but I have not felt persuaded to accept the same. Under Section 4(2) of the Act, after publication of notification under Section 4(1), the authority concerned, his servants and workmen are authorized to enter upon, survey and take levels of any land, set out boundaries etc. On the petitioner’s own showing enquiry is not completed as yet. The petitioner has no cause of action to file the writ petition at this juncture. The writ petition is therefore dismissed. The petitioner is given liberty to question further proceedings as and when taken up by the respondents after completing the enquiry under Section 5A of the Act. As a sequel to dismissal of the writ petition, WPMP.No.2642 of 2008 filed by the petitioner for interim relief is also dismissed. ____________________________ C.V.NAGARJUNA REDDY, J Date: 07.02.2008 ES