IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 14934 of 2008 Between: 1.D. Doraji Rao S./o. Ganga Raju W.G. District. 2.Duddupudi Narayana Rao S/o. Ganga Raju W.G. District. ..... PETITIONERS AND 1 The District Collector, W.G> District, Eluru. 2 Land Acquisition Officer, Kovvur, W.G. District. 3 The Tahasildar, Tallapudi Mandal, W.G. 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 order are direction more particularly one in the nature of writ Mandamus declaring the action of respondents in issuing Draft Notification Under Section 4(1) of the Land Acquisition Act vide Roc No. G4/288/2007 (SW) dt. 22-6-2008 to acquire lands in Sy.No. 33/6 to an extent of Ac 0.84 cents, 33/7A to an extent Ac. 2.69 cents 33/7C to an extent of Ac 2.09 cents of Kukunuru Village of Tallapudi Mandal, West Godavari District ignoring the 4(1) Notification in Roc No. SW/228/07/G4 dt. 2-5-2007 to acaquire the land in Sy.No. 31 to an extent of Ac 4.70 cents of Kukunuru Village and Tallapudi Mandal, West Godavari District for the same purpose and consequently direct to respondents to drops proceedings initiated in respect of Sy.No. 33/6, 33/7A, 33/7C of Kukunuru Village, of Tallapudi Manal, West Godavari District published in the News Paper namely "Avineethiki Sankellu" dt. 1-7-2008. Counsel for the Petitioners: MR.N.SUBBA RAO Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following ORDER: THE HON’BLE MS JUSTICE G.ROHINI Writ Petition No.14934 of 2008 ORDER: The lands belonging to the petitioners situated in Survey Nos.33/6, 33/7A and 33/7C of Kukunuru village, Tallapudi Mandal, East Godavari District, are sought to be acquired under the provisions of the Land Acquisition Act, 1894 (for short ‘the Act’), for public purpose namely, providing house sites to the weaker sections under Indiramma Scheme. It is not in dispute that under the notification, dated 22.06.2008, published under Section 4(1) of the Act, enquiry under Section 5A of the Act is proposed to be conducted and the Revenue Divisional Officer, Kovvuru was authorized for the said purpose. However, it is contended by the learned counsel for the petitioners that since the lands belonging to the petitioners were sought to be acquired earlier under notification, dated 02.05.2007, and having found that the said lands were not suitable, the notification was allowed to be lapsed, the respondents are not justified in proposing fresh acquisition under the impugned notification. These are the facts which require consideration in the enquiry proposed to be conducted under Section 5A of the Act. Hence, I am not inclined to express any opinion at this stage. In stead, I deem it appropriate to dispose of the writ petition permitting the petitioners to raise all the objections to the proposed acquisition as available under law before the second respondent, in which event, the same shall be considered in accordance with law and appropriate orders be passed. The respondents are also directed not to interfere with the possession of the petitioners in respect of the lands in question without following due process of law. The writ petition is accordingly disposed of. No costs. _______________ 11.07.2008 VGB