THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.32145 of 2010 Date: 22.12.2010 Between : Maddala Venkata Subramanyeswara Rao and others. … Petitioners and The Special Collector (Land Acquisition), Indira Sagar Project, Rajahmundry, East Godavari District and another. … Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.32145 of 2010 ORDER : This writ petition has been filed to declare the draft notification bearing Ref.No.B2/90/2010, dated 24.6.2010, issued under Section 4(1) of the Land Acquisition Act, 1894 (for brevity “the Act”) proposing to acquire the petitioners lands admeasuring Acs.2-92 cents in Sy.Nos.19/1C, 20/1A2, 21/1A, 21/4B1, 84/1A1, situated in Kodavali village, Gollaprolu Mandal, East Godavari District, as arbitrary and illegal. 2. It is the case of the petitioners that earlier pursuant to the draft notification, dated 16.5.2005, issued under Section 4(1) of the Act, some part of their lands was acquired for the purpose Pushkara Lift Irrigation Canal and also Polavaram left main canal. In addition to the same, the 1st respondent again issued the present notification, dated 24.6.2010, proposing to acquire some more land of the petitioners by changing the alignment of the canal. The contention of the petitioners is that for the very same purpose, the successive acquisition proceedings cannot be resorted to and, at any rate, the alignment has been changed with a view to affect the petitioners lands. 3. Learned counsel for the petitioners, however, fairly submits that the authorities are conducting enquiry under Section 5-A of the Act. The learned counsel also submits that earlier also the authorities have conducted the enquiry under Section 5-A of the Act, but no decision has been taken so far. He, therefore, submits that the petitioners be given an opportunity to submit fresh representation with a direction to the Land Acquisition Officer to consider the same. The counsel submits that the petitioners would not claim notice/hearing in that regard. 4. Therefore, having regard to the facts and circumstances, the petitioners are directed to submit a fresh representation to the Land Acquisition Officer within one week from today and on such representation being made, the Land Acquisition Officer shall pass appropriate orders and communicate the same to the petitioners. It is made clear that the petitioners need not be given notice/hearing. 5. With the above observation and direction, the writ petition is disposed of, at the admission stage. There shall be no order as to costs. _________________________ JUSTICE NOUSHAD ALI 22.12.2010. Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.32145 of 2010 22.12.2010 (Msr)