IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE P.S.NARAYANA WRIT PETITION NO : 24849 of 2009 Between: Nammi Satyanarayana and others . .Petitioners And The District Collector, Srikakulam District and others. .. Respondents THE HON’BLE SRI JUSTICE P.S.NARAYANA WRIT PETITION NO.24849 OF 2009 ORDER: The matter is coming up for admission. Heard Sri C.Upendra, representing E.V.Bagiradha Rao and the Assistant Government Pleader for Land Acquisition. 2) The writ petition is filed for a writ of Mandamus declaring the proceedings in Rc.No.1679/2009/SWLA, dated 18.09.2009 issued by the 1st respondent dispensing with Section 5-A Enquiry and seeking to acquire the dry lands of the petitioners viz., Ac.1.68 cents in Sy.No.50/1, Ac.1.2 cents in Sy.No.50/3 and Ac.1.50 cents in Sy.No.50/4 owned by 1st petitioner and his father 5th petitioner herein. Ac.1.06 cents in Sy.No.50/2 and part of Ac.0.29 cents in Sy.No.50/6 owned by the 2nd petitioner, Ac.1.06 cents in Sy.No.50/2.P., part of Ac.0.29 cents in Sy.No.50/6.P owned by 3rd petitioner, Ac.0.25 cents part and 0.25 ½ cents part in Sy.No.52/7 owned by the 4th petitioner. Ac.0.58 cents in Sy.N.52/1 owned by 6th petitioner, Ac.0.42 cents part in Sy.No.55/2.P and Ac.0.52 cents part in Sy.No.52/6 owned by 7th petitioner. Ac.2.42 cents part in Sy.No.55/5.P owned by 8th petitioner. Ac.0.86 cents part in Sy.No.54/3 owned by 9th petitioner. Ac.0.48 cents part in Sy.No.54/2 owned by 10th petitioner. Ac.0.86 cents in Sy.No.55/4 and Ac.0.40 cents in Sy.No.44/6 owned by 11th petitioner. Ac.1.39 cents part in Sy.No.55/7.P owned by 12th petitioner and Ac.1.39 cents in Sy.No.55/7 and part of Ac.0.31 cents in Sy.No.55/8 owned by 13th petitioner, situated in Rajam village and Mandal, Srikakulam District for the purpose of providing house-sites under Indiramma scheme to weaker sections near Rajam village as being illegal, unjust arbitrary and violative of Articles 14 and 21 of the Constitution of India. 3) Several facts had been narrated in the affidavit filed in support of the writ petition. It is stated that the 1st respondent issued Section 4(1) notification under the provisions of the Land Acquisition Act in Rc.No.1679/2009/SWLA, dated 18.09.2009 seeking to acquire the lands of the petitioners. The main grievance of the petitioners is that the land is proposed to be acquired for providing house sites under Indiramma Housing Scheme for weaker sections. The 1st respondent invoked urgency clause under section 17(4) of the Land Acquisition Act and dispensing with the enquiry under Section 5-A of the Land Acquisition Act. 4) In view of the facts and circumstances, this Court is of the considered opinion that in a case of this nature, invoking urgency clause dispensing with the enquiry under Section 5-A of the Land Acquisition Act may not be just and proper. In the light of the same, the writ petition is disposed of directing the Revenue Divisional Officer- cum-Land Acquisition Officer, Palakonda to give an opportunity to the petitioners to file objections and hold an enquiry in accordance with the provisions of Section 5-A of the Land Acquisition Act. 5) The Writ Petition is disposed of accordingly. No costs. ____________________ JUSTICE P.S.NARAYANA November 17, 2009 KSH