IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE P.S.NARAYANA WRIT PETITION NO : 16312 of 2009 Between: 1 G. Krishnan S/o. Late Govindaiah R/o. 190, Ramapuram Village, Dalitawada, Gudipala Mandal, Chittoor District. 2 R. Subrahmanyam S/o. Rajaiah R/o. 190, Ramapuram Village, Dalitawada, Gudipala Mandal, Chittoor District. ..... PETITIONER(S) AND 1 The Government of Andhra Pradesh The District Collector Chittoor, Chittoor District. 2 The Revenue Divisional Officer Chittoor, Chittoor District. 3 The Tahsildar Gudipala Mandal Chittoor District. .....RESPONDENT(S) 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 an appropriate Writ, Order or Direction, more particularly, one in the nature of Writ of Mandamus declaring the action of the 1st Respondent in issuing Section - 4(1) notification in G3/6595/09 dated 04- 07-2009 and consequent notice F/1311/2009, dated 21-07-2009 issued under Section - 5(A) of the Land Acquisition Act, 1894 by the 2nd Respondent sought to be acquire the Petitioners land not to a relatable to a public purpose as illegal, unjust, arbitrary, in violation of Section 40 (1), Part VII of the Act and consequentially quash the acquisition proceedings in so far as the Petitioners are concerned. Counsel for the Petitioner:MR.K.BHEEMA RAO Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : } ORDER:- The matter is coming up for admission. 2. The learned A.G.P. for Land Acquisition who had taken notice on 10-8-2009 requested time to get instructions and thus the matter is coming up today. 3. The writ petition is filed for a Writ of Mandamus declaring the action of the 1st respondent in issuing Section 4(1) notification in G3/6595/09, dt.4-7-2009 and consequent notice F/1311/2009, dt.21-7-2009 issued under Section 5(A) of the Land Acquisition Act, 1984 by the 2nd respondent sought to be acquired the petitioners land not to a relatable to a public purpose as illegal, unjust, arbitrary, in violaltion of Section 40(1), Part VII of the Act and consequently quash the acquisition proceedings insofar as the petitioners are concerned and pass such other suitable orders. 4. It is stated that the 1st respondent had issued 4(1) notification on 4- 7-2009 and the notice was issued under Section 5-A of the Land Acquisition Act. It is the grievance of the petitioners that the respondents had not given an opportunity of personal hearing to file objections. Further it is stated that the notification was not issued for any public purpose. It is also stated that unless personal hearing is given and objections are received and considered in accordance with law, the petitioners would be put to serious loss. Several facts had been narrated at paras 3, 4, 5, 6, 7, 8 and 9 in the affidavit filed in support of the writ petition. 5. The main grievance of the petitioners is that though notice was issued under Section 5-A of the Act aforesaid, the respondents had not given opportunity to the petitioners to file objections and further opportunity of personal hearing also had not been given. 6. In the light of the facts and circumstances, let the 2nd respondent receive the objections which may be filed by the petitioners within a period of two weeks and let the 2nd respondent give an opportunity of personal hearing also by fixing a date to the petitioners and after giving such personal hearing, let the 2nd respondent take a decision in this regard in accordance with law. Till such decision is taken, status quo as on today to be maintained. 7. The writ petition is accordingly disposed of. No order as to costs. _____________________ Justice P.S.Narayana 17th August, 2009 NOTE:- Operative portion by wire At party’s costs. (B/o.smr)