HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.6805 of 1996 Dated:30.01.2008 Between: Boddepalli Rangan Naidu and others. …Petitioners and The District Collector, Nellore and another. …Respondents HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.6805 of 1996 ORDER: The petitioners statedly are small farmers of Patha Amadalavalasa Village in Srikakulam District. They owned an extent of Ac.0.50 cents each. The land was acquired under the Land Acquisition Act, 1894 (for short “the Act”), for expansion of side width of existing flyover on National High Way. Alleging that the second respondent did not conduct award enquiry as per the provisions of the Act, they filed the instant Writ Petition seeking a mandamus declaring award No.1 of 1996, dated 06.03.1996, as illegal and arbitrary. The matter was initially listed before my learned brother Hon’ble Sri Justice L.Narasimha Reddy. No counter-affidavit was filed and record was not produced. Therefore, the learned Judge came to the conclusion that proceedings are initiated by reason of Section 11-A of the Act and accordingly, allowed the writ petition, observing that it shall be open to the respondents to initiate fresh proceedings, if the land is required for public purpose. The respondents then moved a review application, being W.P.M.P.No.26419 of 2006, and produced the file. Inter alia, it was contended in the review that the procedure for issuing notification under Section 4(1) of the Act and declaration under Section 6 of the Act was followed and award enquiry was conducted and award was passed within two years. Therefore, this Court allowed the review petition and restored the writ petition observing that the petitioners shall be entitled to receive the compensation and also seek reference by making an application. After hearing learned counsel for the petitioners and learned Assistant Government Pleader for Land Acquisition and after perusing the order passed by this Court on 07.03.2006 in W.P.No.6805 of 1996 and also the order, dated 14.12.2007 in Review W.P.M.P.No.26419 of 2006, now this Court has no doubt whatsoever that the procedure contemplated under the Act was followed by the respondents at the stage of issuing notification under Section 4(1) of the Act, declaration under Section 6 of the Act and award enquiry and passing award. Therefore, the action of the respondents cannot be faulted. If so advised, the petitioners may file an application before the second respondent under Section 18 of the Act for reference and as and when the same is presented, if not already presented, the second respondent shall make a reference to the civil Court. The Writ Petition is accordingly disposed of. No costs. ____________ (V.V.S.RAO, J) 30.01.2008 GJ