IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 16685 of 2008 Between: 1 Srikakulapu Rajeswaramma, w/o. Late Lakshmi Venkata Narasimham, Tirugudumetla, Tallapudi Mandal, West Godavari District. 2 S. Ramanjaneyulu, S/o. Late Lakshmi Venkata Narasimham, Tirugudumetla, Tallapudi Mandal, West Godavari District. ..... PETITIONERS AND 1 Government of Andhra Pradesh, Rep by its Principal Secretary, Revenue Department, Secretariat, Hyderabad. 2 The District Collector, West Godavari District, Eluru. 3 The Land Acquisition Officer & Revenue Divisional Officer, Eluru, West Godavari District. 4 The Tahsildar, Bhimadole Mandal West Godavari 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 will be pleased to issue a writ of Mandamus or any other appropriat writ, order or direction declaring the Notification ROC No. G1/870/2007/S.W. dt. 12-5-2008 (Published in the Vishalandhra Daily News Paper dt. 18-5-2008) issued under Section 4(1) of the Land Acquisition Act by the District Collector, West Godavari District, Eluru, 2nd respondent herein for acquisition of the lands admeasuring Ac. 3.00 cents in 2nd respondent herein for acquisition of the lands admeasuring Ac. 3.00 cents in S.No. 257 and Ac. 2.00 cents in S.No. 258 of Gundugolanu Village, Bhimadolu Mandal, West Godavari District as illegal, arbitrary, unreasonable, null and void, without jurisdiction and violative of Articles 14 and 21 and 300A of the Constitution of India and contrary to the Circular Memo No. 10054/L.A.//2005 dt. 22-4-2006 issued by the Government of Andhra Pradesh. Counsel for the Petitioner: MR.A.V.SESHA SAI Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 16685 of 2008 O R D E R: The lands belonging to the petitioners situated in Gundugolanu village, Bhimadolu Mandal, West Godavari District are sought to be acquired under the provisions of the Land Acquisition Act, 1894 (for short ‘the Act’) for a public purpose under Indiramma programme. The notification under Section 4(1) of the Act was published on 12-05-2008 under which the enquiry under Section 5-A of the Act was proposed to be conducted authorizing the Revenue Divisional Officer, Eluru for the said purpose. The petitioners state that they have already submitted their objections to the acquisition. However, this writ petition is filed alleging that even before passing any order considering their objections, and without taking any further steps as contemplated under the Act, the respondents are attempting to interfere with the possession of the petitioners in respect of the land in question. The petitioners also raised various contentions with regard to the validity of the impugned acquisition including that the notification was not published in the locality in accordance with law. Since the petitioners have already raised these objections before the respondents and the enquiry is still pending, I am not inclined to express any opinion on merits, instead, I deem it appropriate to dispose of the writ petition with a direction to the respondents to consider the objections raised by the petitioners and pass appropriate orders in accordance with law. Till such orders are passed and the subsequent proceedings as contemplated under the Act are taken, the respondents shall not interfere with the possession of the petitioners in respect of the land in question. No costs. ______________ G. ROHINI,J Date: 01-08-2008 Note: Issue operative portion by wire. B/o KLP