IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 27762 of 2008 Between: 1 K.Omprakash S/o.Late K.Anjaiah Resident of H.No.18-7-599/65 Vivakananda Nagar,Uppuguda,Hyderabad-AP 2 K.Ved Prakash S/o.Late K.Anjaiah Resident of H.No.18-7-599/65 Vivakananda Nagar,Uppuguda,Hyderabad-AP ..... PETITIONER(S) AND 1 The State of Andhra Pradesh, rep.by its Principal Secretary (Revenue ) Secretariat Buildings, Hyderabad 2 The Special Deputy Collector, Land Acquisition, Greater Hyderabad Municipl Corporation, HO Tank Bund Hyderabad-AP .....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 more in the nature of writ of mandamus declaring the proceedings of the 1st respondent vide reference No.a/1196/2007 dated 29.11.2008 as illegal, arbitrary, against the spirit Articles 14 and 21 of the Constitution of India and consequentially direct the respondents not to proceed with the acquisition of the property admeasuring 146.43 square yards covered by the Municipal No.22-3-918/21 (TS.No.37/2) Block-A , Ward No.216 situated at Charminar,Hyderabad by dispossessing the petitioners and issue such other writ or order or directions as deemed fit and proper in the circumstances of the case. Counsel for the Petitioners :MR P.V.SANJEEVA RAO Counsel for the Respondents : GP FOR LAND ACQUISITION The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION NO. 27762 OF 2008 ORDER: This writ petition is filed seeking a declaration that the notice dated 29.11.2008 issued under Sections 9(3) and 10 of the Land Acquisition Act, 1894, as arbitrary and illegal. As could be seen from the material on record, the impugned proceedings were initiated pursuant to the notification issued under Section 4 (1) of the Land Acquisition Act, 1894 (for short, ‘the Act’) proposing to acquire the land in question for public purpose. When the matter is taken up for consideration, it is brought to my notice that under similar circumstances W.P.No.26580 of 2008 filed by the persons interested in respect of the land covered by the very same notification was allowed by this Court thereby setting aside Section-6 declaration and leaving it open to the respondents to issue a notice under Section 5-A(1) of the Act to the petitioners therein afresh, give an opportunity of personal hearing to the petitioners therein, consider their objections and the submissions to be made by them during the course of personal hearing and, thereafter pass appropriate orders, in accordance with law, under Section 5-A of the Act. The fact that the petitioners herein are also similarly situated is not disputed. In the circumstances, the Writ Petition is disposed of in terms of the order in W.P.No.26580 of 2008, dated 18.12.2008. No costs. ______________ G. ROHINI, J. Dt. 23.12.2008 gbs