IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND NINE PRESENT: THE HON'BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION No.25186 of 2009 Between: Bogadi Buchi Reddy @ Bikshamaiah and two others ..... PETITIONERS AND The Special Collector, Land Acquisition, Dr.K.L. Rao Sagar and AMR Projects, Nalgonda, Nalgonda district and another ..... RESPONDENTS ORDER: The learned AGP for Land Acquisition had taken notice on 19-11-2009 and requested time to get instructions. The matter is coming up for admission today. 2. The writ petition is filed praying for the relief of writ of Mandamus declaring the action of the first respondent in issuing Section 4 (1) Notification vide proceedings No.D2/1488/2009 dated 02-11-2009 for acquisition of Ac.0.05 ½ guntas of land belonging to the petitioner in Sy.No.147 of P.A. Pally Village and Mandal, Nalgonda District by invoking Section 17 (4) of the Land Acquisition Act and dispensing with Section 5-A enquiry as illegal, arbitrary and without jurisdiction and set aside the same and pass such other suitable orders. 3. The first respondent issued Section 4(1) Notification by proceedings No.D2/1488/2009 dated 02-11-2009 dispensing with enquiry under Section 5-A by invoking the urgency clause under Section 17(4) of the Land Acquisition Act. 4. Several facts had been narrated relating to ownership of the land in question and further it is stated that in the facts and circumstances invoking the urgency clause may not be just and proper. The averments made in detail in the affidavit filed in support of the Writ Petition need not further detain this court since this court is satisfied that in the facts and circumstances, it is not just and proper on the part of the respondents to dispense with 5-A enquiry. 5. In the light of the same, the petitioners are given opportunity to file objections to the 4(1) Notification, in accordance with law, before the competent authority within a period of two (2) weeks and let the competent authority give an opportunity to the petitioners, in accordance with law and take appropriate decision in this regard in the light of the provisions of the Land Acquisition Act. 6. The Writ Petition is disposed of accordingly. No order as to costs. ___________________ P.S. NARAYANA, J November 20, 2009. PN THE HON'BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION No.25186 of 2009 November 20, 2009