IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT HON'BLE MR JUSTICE NOOTY RAMA MOHANA RAO WRIT PETITION NO : 4486 of 2008 Between: 1 Kovvuri Suryanarayana Reddy S/o Satti Reddy R/o Cheerupalli Village, Vizianagaram District. 2 Medapati Subba Reddy S/o Adi Reddy R/o Cheerupalli Village, Vizianagaram District. .. PETITIONERS AND 1 State of A.P., rep by its Principal Secretary, Revenue Department, Secretariat, Hyderabad. 2 The District Collector, Vizianagaram. 3 The Land Acquisition Officer-Cum- Deputy Collector, Vizianagaram. 4 The Superintendent Engineer, T.T.P.R. Vizianagaram. 5 The Executive Engineer, Totapalli Project, Rajam, Srikakulam 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 suitable Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the issuance of notification dated 22-7-2007 under Sec. 4 (1) of the Land Acquisition Act without considering petitioners representation as illegal, arbitrary and violative of Article 300-A and direct the Respondents to consider petitioners representation dated 27-6-2007 as per the directions of this Hon'ble Court in WP. 15770/07 dated 19-7-2007 and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioners: SMT.S.A.V.RATNAM Counsel for the Respondents 1 and 2: G.P. FOR REVENUE Counsel for the Respondent 3: G.P. FOR LAND ACQUISITION. Counsel for the Respondents 4 and 5: G.P. FOR IRRIGATION. The Court made the following : HON'BLE MR JUSTICE NOOTY RAMA MOHANA RAO WRIT PETITION NO : 4486 of 2008 ORDER: Though this Writ Petition has been instituted questioning the validity of the Notification issued under Section 4 (1) of the Land Acquisition Act on 22.07.2007, but nonetheless the learned Counsel for the petitioners would submit that if only an enquiry under Section 5-A of the said Act is conducted in the matter, instead of dispensing with the same, the petitioners would have a fair opportunity of establishing the nature and tenure of their land and their own subsisting interest therein to the satisfaction of the Land Acquisition Officer. The purpose for which large extents of land are sought to be acquired is for establishing an irrigation facility namely Totapally barrage. Therefore, it is appropriate for the respondent-Land Acquisition Officer to conduct enquiry under Section 5-A of the Act so that even the Land Acquisition Officer will be able to collect, right at this stage, complete data relating to the nature and tenure of the land and its potential value. If it is considered necessary and appropriate, the entire area which is sought to be acquired can also be got videographed and preserved on a C.D. disk. The objections that are to be raised by the petitioners can be raised within a period of 15 days from today and they may be considered by the 2nd respondent before finalizing the Award. To this extent, the writ petition is allowed. ______________ 03..03..2008. Note: Furnish C.C. by 05.03.2008. (B/o) GS To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRT}