IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF JANUARY, TWO THOUSAND AND EIGHT. THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No. 2802 of 2007 Between: Kondapalli Kameshwari and another. … Petitioners AND The District Collector, Krishna at Machilipatnam and another. … Respondents Counsel for the petitioners: None appeared. Counsel for the respondents: Asst. Government Pleader for Land Acquisition. THE HON’BLE MR.JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No. 2802 of 2007 ORDER:- This Writ Petition is filed for the following substantive relief: “… to issue a Writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the proceedings bearing No.G4/380/2007 dated 08-02-2007 of the first respondent issued under Section 4(1) of the Land Acquisition Act, as illegal and ultra vires to the provisions of Article 14 and 300-A of the Constitution of India and also the mandatory provisions of the Land Acquisition Act and the Rules framed therunder on the subject from time to time and consequently direct the respondents not to proceed further in respect of the said Section 4(1) Notification”. At the hearing, there is no representation for the petitioners in the forenoon and again in the afternoon. A perusal of the averments contained in the affidavit filed in support of the Writ Petition shows that the main ground of challenge to the proposed acquisition is non-conversion of agricultural land for non-agricultural use under the provisions of the Andhra Pradesh Agricultural Land (Conversion for Non-Agricultural Purpose) Act, 2006. Since this issue is squarely covered by judgment dated 28-12-2007 of this Court in Writ Petition No.18881 of 2006 and batch, wherein a similar contention has been rejected, the Writ Petition is liable to be and is accordingly dismissed. Learned Assistant Government Pleader for Land Acquisition says that the petitioners filed their objections in response to the notice issued under Section 5-A of the Land Acquisition Act, 1894 (for short “the Act”) and that enquiry is not yet completed. In the wake of this submission, respondent No.2 is directed to consider the objections of the petitioners by giving them an opportunity of personal hearing, before proceeding further with the acquisition. -------------------------------- ---- C.V.NAGARJUNA REDDY,J 28-01-2008 MNR