IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWELTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 19915 of 2008 Between: 1 Aketi Raghavender Rao s/o. Bhima Shanker Ravi Kumar R/o. Annaiahpeta Village, Ramachandrapuram Mandal, East Godavari District. 2 Aketi Shyamala W/o. Bhima Shankaram R/o. Annaiahpeta Village, Ramachandrapuram Mandal, East Godavari District. 3 Aketi Hari Babu S/o. Pentaiah R/o. Annaiahpeta Village, Ramachandrapuram Mandal, East Godavari District. ..... PETITIONERS AND 1 The District Collector, East Godavari District at Kakinada. 2 The Land Acquisition Officer-cum-Revenue Divisional Officer, Rajahmundry, East Godavari 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 may 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 2nd respondent in not conducting proper socio-economic survey to determine the real beneﬁciaries for allotment of house sites under Indiramma Programme Phase-III and adding people of his choice in the list of beneﬁciaries and not considering the other objections and also making eﬀorts the petitioners on 05.09.2008 without conducting proper enquiry under Section 5(A) of the Land Acquisition Act is illegal, arbitrary and unconstitutional and consequently set aside the very initiation of land acquisition proceedings in respect of the petitioners situated in R.S.No.288 of Annaiahpet Village, Venkataipalem Revenue Village, Ramachandrapuram Mandal, East Godavari District declaring as null and void. Counsel for the Petitioners:MR.N.RAVI PRASAD Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following : THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.19915 of 2008 ORDER: The 1st respondent published a notiﬁcation, dated 07.06.2008, under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’) proposing to acquire Ac.6.12 cents of the land belonging to the petitioners of Annaipeta village, H/o. Venkatayapalem, Ramachandrapuram Mandal, East Godavari District, for the purpose of providing house sites to poor. 2. A notice, dated 20.06.2008, was issued by the 2nd respondent inviting objections under Section 5-A of the Act. The petitioners submitted their objections on 07.07.2008. They pleaded that they are small farmers and that, out of 355 beneﬁciaries identiﬁed for allotment of house sites, majority of them own houses and are also paying taxes. 3. The grievance of the petitioners is that, without considering the objections raised by them, the respondents are proceeding to take possession of their lands. 4. Heard the learned counsel for the petitioners and the learned Government Pleader for Land Acquisition. 5. The 1st respondent did not invoke urgency clause while issuing notiﬁcation under Section 4(1) of the Act. Therefore, an enquiry under Section 5-A of the Act is being held and, in fact, the petitioners have not only submitted their written objections, but also have appeared in the enquiry that was held on 14.07.2008. They can be said to have suﬀered any grievance only when their objections are rejected by separate proceedings by the 1st respondent and the declaration under Section 6 of the Act is published. In fact, the respondents themselves cannot dispossess or otherwise meddle with the rights of the petitioners till such declaration is published and an award is passed. 6. The writ petition is, accordingly, disposed of, leaving it open to the petitioners to pursue their remedies, in the event of an order being passed by the 1st respondent dealing with the objections raised by them or a declaration under Section 6 of the Act being published. It is needless to observe that the respondents cannot meddle with the possession of the petitioners unless and until the declaration under Section 6 of the Act is published and an award is passed. ____________________ L.NARASIMHA REDDY,J 12.09.2008 Note: Furnish CC in three days B/o v v