IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.4497 of 2008 Between: Yepuri Venkata Srinivasa Rao, S/o. Nageswara Rao, R/o. Kondalapadu Village, G. Konduru Mandal, Krishna District. ..... PETITIONER AND 1 The District Collector & District Magistrate, Krishna District, Chilakalapudi, Machilipatnam, Krishna District. 2 The Revenue Divisional Officer / Sub Collector / Land Acquisition Officer, Mahatma Gandhi Road, Vijayawada-2, Krishna 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 may be pleased to issue any writ order or direction more particularly a writ in the nature of mandamus by declaring the impugned notification under Sec.6 issued by the 1st respondent Collector in his proceedings in Rc.NO.G4/5452/07, dt. 09.01.2008 as contrary to law, illegal and violative of Articles 21 and 300-A of the Constitution and further quash the same. Counsel for the Petitioner:MR.Y.SUBRAHMANYAM Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.4497 of 2008 ORDER: Petitioner is the owner of the land admeasuring Ac.0.95 cents in R.S.No.82/7, situated at Kandulapadu village of G.Konduru Mandal in Krishna District. Government proposed to acquire the said land for providing house sites to the weaker sections under Indiramma Programme (Phase-II), by issuance of a notification under Section 4(1) of the Land Acquisition Act, 1894 (for short “the Act”). Thereafter, notice under Section 5-A of the Act was issued to the petitioner calling upon him to submit his objections, and pursuant thereto, petitioner submitted his objections. The second respondent-Land Acquisition Officer enquired into his objections and recommended the acquisition. On the basis of the same, the first respondent passed an order dated 31.12.2007 rejecting the objections of the petitioner. Thereafter a draft declaration under Section 6 of the Act was issued on 09.01.2008. Aggrieved thereby, he filed this writ petition seeking to quash the entire land acquisition proceedings. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Land Acquisition. When the matter was taken up for hearing on the last occasion, the learned counsel for the petitioner contended that though the second respondent stated that he conducted an enquiry under Section 5-A of the Act, petitioner was not given an opportunity of personal hearing. In view of the same, this Court directed the learned Assistant Government Pleader to produce the record and accordingly, the record is produced today. From a perusal of the record, it is clear that the second respondent, to whom the matter was referred, conducted enquiry under Section 5-A of the Act on 17.12.2007 and handed over the same to the Mandal Revenue Officer, for further enquiry. This does not mean that the opportunity of hearing has been given to the petitioner. Endorsement of the matter to the Mandal Revenue Officer is only to ascertain as to whether the petitioner owns any agricultural lands or not, etc. Therefore, it is clear that the respondents have not complied with the mandatory requirement under Section 5-A(2) of the Act. Hence, the proceedings of the first respondent dated 31.12.2007 and the draft declaration dated 09.01.2008 issued under Section 6 of the Act are liable to be set aside. Accordingly, the writ petition is allowed in part setting aside the proceedings of the first respondent dated 31.12.2007, and the consequential draft declaration dated 09.01.2008 issued under Section 6 of the Act. The second respondent is hereby directed to fix a particular date for hearing the petitioner, duly issuing a notice to him enabling him to appear in person and submit his objections on the date so fixed, and thereafter appropriate orders may be passed. There shall be no order as to costs. __________ 25.03.2008 sh ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The District Collector & District Magistrate, Krishna District, Chilakalapudi, Machilipatnam, Krishna District. 2 The Revenue Divisional Officer / Sub Collector / Land Acquisition Officer, Mahatma Gandhi Road, Vijayawada-2, Krishna District. 3. 2CCs to 4. 2CD copies