IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 13619 of 2008 Between: 1 D.Subbamma, W/o. late D.Venkata Subba Reddy, R/o. Rettapalle Village, Chillakur Mnadal, Sri Potti Sriramulu Nellore District. 2 D.Sulochanamma, W/o. D.Balakrishna Reddy, R/o. Rettapalle Village, Chillakur Mnadal, Sri Potti Sriramulu Nellore District. 3 Y.Bhasker Reddy, S/o. Rajagopal Reddy, R/o. Kadivedu Village, Chilakur Mandal, Sri Potti Sriramulu Nellore District. 4 B.Adiseshaiah, S/o. B.China Laxmaiah, R/o. Doorjati Nagar, Gudur Town, Sri Potti Sriramulu Nellore District. 5 G.Madhusudhan reddy, S/o. G.Veera Swamy Reddy, R/o. Rettapalle Village, Chillakur Mnadal, Sri Potti Sriramulu Nellore District. 6 T.Kota Reddy, S/o. Subba Ramireddy, R/o. Unugunta Palem, kota Mandal, Sri Potti Sriramulu Nellore District. 7 G.Kodandapani, S/o. Pattabhi Ramaiah, R/o. Gudur, Sri Potti Sriramulu Nellore District. 8 P.Madhusudhan Reddy, S/o. Gopal Reddy, R/o.Thurpu Street, Gudur Town, Sri Potti Sriramulu Nellore District. ..... PETITIONERS AND 1 The Government of Andhra Pradesh, Revenue Department, Secretariat, Hyderabad, Rep by its Secretary, 2 The Special Collector, Telugu Ganga Project, Nellore. 3 The Sub-Collector, Telugu Ganga Project, Nellroe. .....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 a writ of mandamus or any other appropriate writ or direction the notification issued under Sec.4(1) of the Land Acquisition Act published in Surya News Paper daily dated 22.05.2008 in Nellore District Edition and consequent notification issued under Sec.5(A) of the Land Acquisition Act published in Shakshi Telugu News Paper daily dated 25.05.2008 issued by the 2nd Respondent herein as illegal, arbitrary and one without jurisdiction and pass Counsel for the Petitioners: MR.O.MANOHER REDDY Counsel for Respondents: GP FOR LAND ACQUISITION The Court made the following : ORAL ORDER: The land belonging to the petitioners herein was sought to be acquired for the public purpose, i.e., Telugu Ganga Project-12 (L) Minor Canal. The notification under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’) was published on 22.05.2008 invoking the urgency clause under sub-section (4) of Section 17 of the Act. Pursuant thereto, the declaration under Section 6 of the Act was also made on 25.05.2008 directing that the possession of the land would be taken in 15 days after the publication of said notice. Aggrieved by the said action of the respondents, the present writ petition is filed. It is contended by the petitioners, inter alia that having regard to the nature of the public purpose for which the land is sought to be acquired, there is absolutely no justification to dispense with the enquiry under Section 5(A) of the Act. It is pleaded by the petitioners that the proposed acquisition is unwarranted and unjustified, and since no enquiry is conducted under Section 5(A) of the Act, the petitioners are deprived of an opportunity to raise their objections. Learned Government Pleader for Land Acquisition on instructions stated that the respondents are willing to conduct the enquiry under Section 5(A) of the Act. Accordingly, the declaration under Section 6 of the Act dated 25.05.2008 is hereby set aside and the Writ Petition is disposed of at the admission stage with a direction to the respondents to conduct enquiry under Section 5(A) of the Act, after following the due process of law. It is also open for the petitioners to raise all their objections including the one that the second respondent herein is not competent to initiate proceedings under the Act. No costs. ____________ (G. Rohini, J.) 27th June, 2008 Note: C.C. in 3 days. (B/o) Js. ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Secretary, Government of Andhra Pradesh, Revenue Department, Secretariat, Hyderabad. 2 The Special Collector, Telugu Ganga Project, Nellore. 3 The Sub-Collector, Telugu Ganga Project, Nellroe. 4 2 CCs to G.P. for Land Acquisition, High Court of A.P. Hyderabad.(OUT) 5 2 CD copies.