THE HONOURABLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION NO. 541 OF 2008 DATED: 18-01-2008 BETWEEN: J.S. Kamala Bai Jain and another. … Petitioners and The District Collector, Chittoor District and Two others. … Respondents THE HONOURABLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION NO. 541 OF 2008 ORDER: This writ petition is filed for a writ of mandamus seeking to set aside notification dated 12.12.2007 issued under Section 4 (1) of the Land Acquisition Act, 1984 (for short, ‘the Act’) whereby the lands admeasuring Ac.5-00 cents, Ac.1.67 cents and Ac.1.00 cents comprised in survey Nos.53/2D, 53/3 and 55/4 respectively situated in Mangalam Revenue village, Tirupathi Urban Mandal, Chittoor District, are proposed to be acquired, as illegal, arbitrary and violative of Articles 14 and 300-A of the Constitution of India. Heard Sri S.V. Muni Reddy, learned Counsel for the petitioners and the learned Assistant Government Pleader for Land Acquisition. Though the petitioners gave a long narration of the disputes relating to the title over the property, for the purpose of disposal of this writ petition, the same need not be adverted to. In this writ petition, the petitioners assailed the notification issued by the 1st respondent, where under, their lands are proposed to be acquired. A perusal of the impugned notification shows that an enquiry under Section 5-A of the Act is envisaged and the learned counsel for the petitioners admitted that so far, the said enquiry is not commenced. Therefore, I do not see any justification for entertaining this writ petition and adjudicating the issues raised by the petitioners therein at this stage because the provisions of the Act contemplate a proper opportunity to the petitioners to raise all the legally sustainable objections before the Land Acquisition Officer and this Court ordinarily does not interdict the statutory authorities from exercising their powers vested in them by the Act unless the persons approaching the Court raised jurisdictional questions. The petitioners have not raised any such questions in this writ petition and they failed to convince this Court to take a different view from the one which is ordinarily being taken viz., to allow the authorities to hold an enquiry under Section 5-A of the Act and permit the persons objecting to the proposed enquiry and to participate in the enquiry. The writ petition is, therefore, dismissed. The petitioners are left free to file their objections as and when they receive notices under Section 5-A of the Act. In the event of the petitioners filing such objections, the respondents shall give them an opportunity of personal hearing and pass appropriate orders. It is needless to state that till the completion of the enquiry, the petitioners shall not be dispossessed. ___________________________ C.V. NAGARJUNA REDDY, J. Dt: 18-01-2008 Note: Copy in three days (BO) Rns