IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 12371 of 2008 Between: 1 G.Dasarath Bai W/o.Late Yadilal R/o.8-4-394 &395 Erragadda Hyderabad 2 G.Ganapathlal S/o.Late Yadilal R/o.8-4-394 &395 Erragadda Hyderabad 3 G.Dhanaraj S/o.Late Yadilal R/o.8-4-394 &395 Erragadda Hyderabad 4 G.Rekhabai D/o.Late Yadilal R/o.8-4-394 &395 Erragadda Hyderabad 5 G.Sathailal S/o.Late Ramahanderjee R/o.8-4-394 &395 Erragadda Hyderabad 6 G.Pandu S/o.Late Ramahanderjee R/o.8-4-394 &395 Erragadda Hyderabad 7 G.Balraj S/o.Late Ramahanderjee R/o.8-4-394 &395 Erragadda Hyderabad 8 G.Parvathi Bai W/o.Late Mohanlal R/o.8-4-394 &395 Erragadda Hyderabad 9 G.Sainadh S/o.Late Mohanlal R/o.8-4-394 &395 Erragadda Hyderabad 10 G.Lakshman S/o.Late Mohanlal R/o.8-4-394 &395 Erragadda Hyderabad 11 G.Ganeswar S/o.Late Balajee R/o.8-4-394 &395 Erragadda Hyderabad 12 G.Shankar S/o.Late Balajee R/o.8-4-394 &395 Erragadda Hyderabad ....PETITIONERS AND 1 Greater Hyderabad Municipal Corporation Rep.by its Chief Commissioner Tank Bund Hyderabad 2 Asst.City Planner Circle 10(old Circle-5) Greater Hyderabad Municipal Corporation Hyderabad 3 The Special Deputy Colletor Land Acquisition Hyderabad .....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, Order or direction particularly one in the nature of writ of Mandamus declaring the notification in proceedings No.G2/3145/08 issued section 4(1) of Land Acquisition act by dispending the enquiry under section 5(A) of L.A act as illegal arbitrary and violative of principles of natural justice and to pass Counsel for the Petitioner: MR.SREENIVASA RAO VELIVELA Counsel for the Respondent No.: SMT.KALPANA EKBOTE The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 12371 of 2008 O R D E R: This writ petition is filed aggrieved by the action of the respondents in dispensing with the enquiry under Section 5-A of the Land Acquisition Act, 1894 (for short ‘the Act’) while acquiring the land vide notification dated 30-05-2008 published under Section 4(1) of the Act. I have heard the learned counsel for the petitioners and the learned standing counsel appearing for the respondents 1 and 2. As can be seen, the land in question is sought to be acquired for the purpose of road widening. The petitioners herein are concerned with Sl.Nos.2 and 3 of the notification dated 30-05-2008. Various objections have been raised by the petitioners including that there are discrepancies between the notification and the plans so far as the extent of land sought to be acquired. All such objections require an enquiry after giving due opportunity to the petitioners to explain their grievances. In the circumstances, without expressing any opinion as to the tenability of the objections raised by the petitioners, the writ petition is disposed of permitting the petitioners to submit their objections before the respondents 1 and 2 within one week from today. On receipt of such objections, the respondents shall make necessary enquiry and pass appropriate orders in accordance with law. Till such orders are passed, the respondents shall not dispossess the petitioners. It is also made clear that this enquiry shall be confined only so far as the properties belonging to the writ petitioners. ______________ G. ROHINI,J Date: 19-06-2008 Note: Issue operative portion by wire. B/o KLP