IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 16671 of 2007 Between: 1 Mallidi Dharma Reddy S/o Mallidi Ammi Reddy 2 Mallidi Ammi Reddy S/o Dharma Reddy (Both are Agriculturist and R/o Kakinada, Kakinada Madnal, East Godavari district ..... PETITIONER(S) AND 1 The Collector, East Godavari District, at kakinada, 2 The Revenue Divisional Officer-cum-Land Acquisition Officer,Kakinada, East Godavari district. .....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 a Writ, order or Directionmore particularly one inthe nature of writ of Mandamus declaringthe impugned notication issued bythe 1st respondent issued under section 4 (1) of the Land acquisition ACt, 1894 as a mended by Act, 1923 and act, 1984 vide Ref. No.G3/3204/2007 dated 31-05-2007 as published in andhra Jyothi Daily newspaper dated 12th June 2007 so far as it relates to he lands belonging to the petitioners herein to an extent of 0-97 cents in Sy. No. 14-5 and 0-30 cents in Sy. No. 14-4 situated at Kakinada Urban at kakinada mandal, East GodavariDistrict as arbitrary illegal and contrary to law and consequently set a sidethe same and pass such othe or furthe rorders as are necessary. Counsel for the Petitioner:MR.P.CHANDRA SEKHAR REDDY Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 16671 of 2007 ORDER: The Collector, East Godavavari District, 1st respondent herein, published a notiﬁcation under Section 4(1) of the Land Acquisition Act (for short ‘the Act’) in the District Gazzette on 31.05.2007, proposing to acquire Ac.105.45 cents of land in various survey numbers of Kakinada Town, for the purpose of construction of houses under Rajiv Swagruha Scheme. The lands of the petitioners were also included in it. The petitioners state that they are small farmers and in spite of their objections and representations, in response to the enquiry under Section 5-A of the Act, the respondents are proceeding with the acquisition. On behalf of the respondents, a counter affidavit is ﬁled, stating inter alia that in response to the notice issued under Section 5-A of the Act, the petitioners submitted their objections on 21.08.2007, but they did not attend the enquiry conducted by the 2nd respondent on 25.08.2007. It is also stated that another personal hearing was held on 17.01.2008 and the petitioners did not attend this also. It is ultimately pleaded that further steps were taken strictly in accordance with the provisions of the Act. Heard the learned counsel for the petitioner and the learned Government Pleader for Land Acquisition. A vast extent of about Ac.100.00 of land is sought to be acquired, for the purpose of a housing scheme. The land is part of Kakinda Town itself and obviously, is very valuable. The petitioners have responded to the notice issued under Section 5-A of the Act and submitted their representation. The respondents have acknowledged the receipt of the same. Obviously on account of lack of proper communication, the petitioners did not appear for the personal hearing. All the same, the matter has not reached any ﬁnality and the respondents would be under obligation to take into account, the representations made by the petitioners, in response to the notice under Section 5-A of the Act. The petitioners can also supplement their contentions by making further representation, if any. The respondents shall take the objections raised by the petitioners into account, before issuing declaration under Section 6 of the Act. Therefore, the writ petition is disposed of, directing that the respondents shall not disturb the possession of the petitioners over their land, till the declaration under Section 6 of the Act is issued and the award under Section 11 of the Act is passed. There shall be no order as to costs. _________ 19.09.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRT} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 16671 of 2007 Date: 19.09.2008 JSU