THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.5768 of 2008 ORDER: Petitioner is the owner and possessor of land admeasuring Ac.0.49 cents covered by Survey No.284/4A of Gandrajupalle Village, Gangavaram Mandal, Chittoor District. He filed this Writ Petition with the following amended prayer: “Hence, it is prayed that this Hon’ble Court may be pleased to issue any order or direction preferably a writ in the nature of Mandamus declaring the order dated 18.02.2008 passed by the 2nd respondent as illegal, arbitrary and violative of Articles 14 and 300-A of the Constitution of India and also quash the draft declaration vide proceedings G1/5328/2007 dated 01.03.2008 issued by the 2nd respondent in respect of the land admeasuring Ac.0.49 cents situated in Sy.No.284/4A of Gandrajupalle Village, Gangavaram Mandal, Chittoor District.” The aforesaid piece of land was requisitioned by the Andhra Pradesh Industrial Infrastructure Corporation Limited for establishing an Industrial Park, based on which, the respondents invoked the provisions of the Land Acquisition Act, 1894 (for short ‘the Act’) and issued a notification under Section 4(1) of the Act in Roc.No.G1/5327/07, notifying the said land. In this Writ Petition, mainly, it is the grievance of the petitioner that when a notice was issued to him under Section 5-A of the Act, he filed his objections and without conducting necessary enquiry, the declaration under Section 6 of the Act was issued. Counter-affidavit is filed by the third respondent - Revenue Divisional Officer, Madanapalle, Chittoor District. In the said counter-affidavit, while denying various allegations of the petitioner, it is stated that in the enquiry proceedings, notice was issued to the petitioner and he filed his objections. It is also stated that on completion of enquiry, the second respondent – District Collector, Chittoor, passed order, dated 18.02.2008 in Roc.G1/5446/2007, rejecting the objections of the petitioner. In terms of the amended prayer, the petitioner questioned order, dated 18.02.2008. It is his specific case that he is the landless poor person and he has made constructions for his own dwelling purpose apart from constructing kitchen shed, farm shed etc., and in spite of his submitting valid objections, the same were not considered. From a reading of order, dated 18.02.2008, it appears, the second respondent recorded findings that the portion which is covered by structures viz., building, kitchen shed, farm shed etc., was left out from acquisition and the petitioner is residing at Kendatti in Karnataka State and doing hotel business. But, coming to the declaration issued under Section 6 of the Act, a perusal of the same indicates that the poultry shed admeasuring 100’ x 25’ constructed by the petitioner is a part of the acquisition, as such, it can be said that the declaration issued under Section 6 of the Act runs contrary to the findings recorded in order, dated 18.02.2008 passed by the second respondent under Section 5-A of the Act. During the course of hearing, it is represented by the learned Assistant Government Pleader for Land Acquisition appearing for the respondents that with regard to the same notification, there are some other identical matters, in which, this Court has directed the authorities concerned to conduct enquiry under Section 5-A of the Act and such matters are pending consideration. Though the second respondent recorded a finding in his order, dated 18.02.2008 that the constructed portions were deleted from the acquisition, the declaration under Section 6 of the Act was issued contrary to the same. If the constructed portions of the petitioner were not acquired, there is no reason in notifying his poultry shed admeasuring 100’ x 25’, as shown in the remarks column of the declaration issued under Section 6 of the Act. In that view of the matter, as the declaration issued under Section 6 of the Act runs contrary to the findings recorded in order, dated 18.02.2008 passed under Section 5-A of the Act and as it is stated by the learned Assistant Government Pleader for Land Acquisition appearing for the respondents that in some other identical matters, this Court issued directions for conducting enquiry under Section 5-A of the Act, I deem it appropriate to set aside order, dated 18.02.2008 passed by the second respondent and also the declaration issued under Section 6 of the Act in proceedings No.B1/5327/07, dated 01.03.2008. Accordingly, order, dated 18.02.2008, and declaration, dated 01.03.2008, are hereby set aside and the Writ Petition is allowed. There shall be an order that without waiting for further notice, the petitioner shall appear before the third respondent within a period of four (4) weeks from today and on such appearance, the third respondent shall consider the objections filed by the petitioner afresh and pass appropriate orders after conducting necessary enquiry under Section 5-A of the Act and giving him an opportunity of hearing. No order as to costs. ______________________ R.SUBHASH REDDY, J 31st OCTOBER, 2011. kvni