IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 15362 of 2008 Between: 1 Guntur venkateswara Rao, S/o. late G.Chowdaiah, R/o. Piduguralla Village & Mandal, Guntur Mandal, 2 Guntur Satyavathi, W/o. Guntur Gowri Shankar, R/o. Piduguralla Post & Municipality, Guntur Mandal. 3 Gogineni Venkateswar Rao, S/o. G.Subba Rao, R/o. Chennayapalem Village, Piduguralla Mandal, Guntur District. 4 Gogineni Nageswara Rao, S/o. G.Subba Rao, R/o. Chennayapalem Village, Piduguralla Mandal, Guntur District. 5 Dadinaboina Lingaiah, S/o. late D.Subba Ramaiah, R/o. Chennayapalem Village, Piduguralla Mandal, Guntur District. 6 Dadinaboina China Anjaneyulu, S/o. late D.Subba Ramaiah, R/o. Chennayapalem Village, Piduguralla Mandal, Guntur District. 7 Vuddamraju Laxmi, W/o. V.Vissam Raju, R/o. Karalapadu Village, Piduguralla Mandal, Guntur District. 8 Vuddamraju Vissam Raju, W/o. V.Venkatapathi Raju, R/o. Karalapadu Village, Piduguralla Mandal, Guntur District. 9 Gandla Vishnu Murthy, S/o. Chinna Kotaiah, R/o. Chennayapalem Village, Piduguralla Mandal, Guntur District. 10 Mitta Achaiah, S/o. Venkata Ramaiah, R/o. Chennayapalem Village, Piduguralla Mandal, Guntur District. 11 Jangidi Latchaiah, S/o. Balaiah, R/o. Chennayapalem Village, Piduguralla Mandal, Guntur District. 12 Jangidi Venkata Kotaiah, S/o. Balaiah, R/o. Chennayapalem Village, Piduguralla Mandal, Guntur District. 13 Gandikota Naga Laxmamma, W/o. late G.Appaiah, R/o. Chennayapalem Village, Piduguralla Mandal, Guntur District. 14 Jangidi Venkateswarlu, S/o. Balaiah, R/o. Chennayapalem Village, Piduguralla Mandal, Guntur District. 15 Jangidi Narsamma, W/o. late J.Gopaiah, R/o. Chennayapalem Village, Piduguralla Mandal, Guntur District. 16 Jangidi Sivaiah, S/o. J.Lachaiah, R/o. Chennayapalem Village, Piduguralla Mandal, Guntur District. 17 Jangidi Koteswara Rao, S/o. late J.Balaiah, R/o. Chennayapalem Village, Piduguralla Mandal, Guntur District. ..... PETITIONERS AND 1 The District Collector, Guntur, Guntur District. 2 The Special Collector(Land Acquisition), K.L.Rao Sagar (Publichinthala) Project, Guntur, Guntur District. 3 The Special Deputy Collector(Land Acquisition), K.L.Rao Sagar (Publichinthala) Project,Division III Kammavarithota, Guntur, Guntur 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, one in the nature of a writ of Mandamus or any other appropriate Writ, direction or order directing the respondents not to proceed with the acquisition of the respective petitioner's lands in 3/1, 4/1, 11/C1, 11/D1, 9/1B, 9/1C, 9/1D, 9/1E, 9/1F, 11/D1, 11/A1, 11/A, 11/B1, 11/B, 4/1-2, 11B, 7/B of Karalapadu Village, Piduguralla Mandal, Guntur District, under notification under Section 4(1) of the Land Acquisition Act in R.C.No.C1/556/2008, dated 6.6.2008 and consequently declare the 5-A proceedings of the third respondent as illegal, irregular and in violation of provisions of the Land Acquisition Act, and pass Counsel for the Petitioner: MR.B.VISWANATHA REDDY Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : THE HON’BLE MS. JUSTICE G. ROHINI WRIT PETITION NO. 15362 of 2008 O R D E R: By notification dated 06-06-2008 published under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’) several extents of land situated in Karalapadu village, Piduguralla Mandal, Guntur District were sought to be acquired for public purpose namely for providing house sites to the displaced persons under Pulichinthala Project. In the said notification, enquiry under Section 5-A of the Act was proposed to be conducted and the Special Deputy Collector Pulichinthala Project, Unit-III was authorized for the said purpose. The petitioners herein who claim to be the owners and possessors of the lands sought to be acquired under the said notification filed this writ petition alleging that even before completing the enquiry proposed under Section 5-A of the Act, the respondents are attempting to interfere with their possession. A perusal of the notice issued under Section 5-A of the Act itself shows that the land owners were granted time up to 21-07-2008 for filing their objections. Thus, it is clear that the enquiry is still pending as on today. If that be so, it is not open to the respondents to interfere with the possession of the land belonging to the petitioners in any manner whatsoever. Accordingly, the writ petition is disposed of with a direction to the respondents not to interfere with the lands of the petitioners covered by the notification dated 06-06-2008 without completing the enquiry under Section 5-A of the Act and without following the procedure contemplated under the Act. No costs. __________________ G.ROHINI,J Date: 17-07-2008 Note : Issue C.C. by tomorrow. B/o KLP