HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.9113 of 2007 04.02.2008 Between: Molli Babu Rao and others … Petitioners AND The District Collector, Visakhapatnam and others … Respondents HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.9113 of 2007 ORDER: This writ petition is filed for a writ of mandamus to invalidate notification, dated 05.04.2007 issued under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’), whereby the petitioners’ lands admeasuring Ac.0.40 cents, Ac.0.38 cents, Ac.0.63 cents, Ac.0.17 cents and Ac.0.17 cents in Survey Nos.114/1, 114/1, 114/2A, 114/2A and 114/2A respectively situated at Penugollu Village, S.Rayavaram Mandal, Narsipatnam Division of Visakhapatnam District, are proposed to be acquired. Heard Sri M.S.R.Subrahmanyam, learned counsel for the petitioners and the learned Assistant Government Pleader for Land Acquisition. At the hearing, it is conceded by the learned counsel for the petitioners that the main contention raised in this writ petition, namely, validity of proposal to acquire agricultural land without its conversion for non-agricultural use is no longer res integra in view of judgment, dated 28.12.2007, passed by this Court in Writ Petition Nos.18881 of 2006 and batch, wherein a similar contention has been rejected. The learned counsel for the petitioners stated that since enquiry is contemplated by the notification issued under Section 4(1) of the Act, the petitioners may be permitted to file their objections. As the petitioners were bona fide pursuing this writ petition, I find that the request of the learned counsel is reasonable. Accordingly, while dismissing the writ petition, the petitioners are permitted to file their objections within a period of four (4) weeks from today and on receipt of objections, the respondents shall hold enquiry under Section 5A of the Act by giving the petitioners an opportunity of personal hearing before seeking to proceed further with the proposed acquisition. As a sequel to dismissal of main petition, interim order, dated 27.04.2007 is vacated and WPMP.No.11654 of 2007 is dismissed. C.V.NAGARJUNA REDDY, J 4th FEBRUARY, 2008. kvni