IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 23757 of 2008 Between: 1 Mr.Pragada Buchi Narasimhulu S/o.Late P.Satyanarayana R/o.Buragam village, Pathapatnam Mandal, SRikakulam District 2 Mr.Pragada Sri Ram S/o.Pragada Buchi Narasimhulu R/o.thampa village Hira Mandal, Srikakulam District 3 Mr.Surya Baroda S/o.Satya Baroda R/o.Buragam village Pathapatnam Mandal, Srikakulam District 4 Mr.Bheema Baroda S/o.Chakrapani R/o.Buragam village Pathapatnam Mandal, Srikakulam District ..... PETITIONERS AND 1 Government of Andhra Pradesh , rep.by its Principle Secretary, Revenue Department ( LA), Secretariat Hyderabad 2 The District Collector, Srikakulam District 3 The Special Deputy Collector (LA), Unit-IIIBRR (Vamsadhara) Project, Hiramandalam, Srikakulam District .....RESPONDENTS 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 writ or order or direction more particularly one in the nature of writ of mandamus declaring the wet fertile lands of the petitioners in SY.Nos.100-1,100-2,101-1,101- 2,101-3,101-4, and 101-5 at Buragam village, Pathapatnam Mandal, Srikakulam District by notiﬁcation issued by the 2nd respondent dated 11.8.2008 vide Rc.No.2073/2008/G3 and the consequential notice U/s.5-A(Form-3) vide Rc.No.303/2007B dated 19.9.2008 issued by the 3rd respondent as illegal, arbitrary, untenable unjustiﬁed violative of ARticles, 14,21 and 300-A of the Constitution of India and consequently set aside the notiﬁcation dated 11.8.2008 to the extent of acquiring the petitioners wet fertile lands in survey numbers 100-1,1001-2,101-1,101- 2,101-3,101-4, and 101-5 at Buragam village, Pathapatnam Mandal,Srikakulam District. Counsel for the Petitioners:MR.G.TUHIN KUMAR Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following : ORDER: The District Collector, Srikakulam, the second respondent, published a notiﬁcation, dated 11.08.2008, under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’), proposing to acquire Acs.18.74 cents of land situated at Buragam Village, Pathapatnam Mandal Srikakulam District, for the purpose of rehabilitation of disabled persons under Hira Mandal Reservoir Project. The lands of the petitioners in survey Nos.100-1 and 100-2 and 101-1 to 101-5, which are small extents of wet lands, are also notiﬁed. During the course of enquiry under Section 5-A of the Act, the petitioners are said to have represented that the wet lands are their sole source of livelihood and that even the beneﬁciaries are not willing to construct houses in the wet lands. The petitioners have approached the Revenue Divisional Oﬃcer, Palakonda, who, in turn, had addressed a communication, dated 24.10.2008, recommending that the lands of the petitioners be excluded from acquisition. The petitioners insist that the respondents be directed not to proceed against their lands. Heard learned counsel for the petitioners and learned Government Pleader for Land Acquisition. This is not a case where enquiry under Section 5-A of the Act is dispensed with. In response to a notice issued under Section 5-A of the Act, the petitioners have already submitted their representations. An order under Section 5-A(2) of the Act is yet to be passed. The Revenue Divisional Oﬃcer, Palakonda, has addressed a communication, dated 24.10.2008, in a way strengthening the view point of the petitioners. The actual detriment can be said to have been caused to the petitioners, if only a declaration under Section 6 of the Act is published, ignoring their representations. Hence, the Writ Petition is disposed of, directing that it shall be open to the petitioners to work out their remedies, in case their lands are included in a declaration under Section 6 of the Act. There shall be no order as to costs. ____________________ Dt.03.11.2008 L.NARASIMHA REDDY, J GJ