IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD DAY, THE DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE THE CHIEF JUSTICE AND THE HON'BLE MR JUSTICE P.V.SANJAY KUMAR Writ Petition No. 23367 of 2008 Between: 1) Mohd. Subhan Hussain S/o. Late Mohammed Hussain C/o. 23-1-1076 Punch Mohalla, Shalibanda, Hyderabad. 2) Farooq Ali Zafar S/o. Late Yousuf Ali C/o. 23-2-645 Punch Mohalla, Shalibanda, Hyderabad. 3) Gulam Jeelani S/o. Shaik Imam C/o. 23-2-644 Punch Mohalla, Shalibanda, Hyderabad. 4) Mohd. Ahmed Qureshi S/o. Mohd. Mahaboob Ali Qureshi C/o. 23-2-643 Punch Mohalla, Shalibanda, Hyderabad. 5) Ziaul Islam Shakeel S/o. Late Jameel Ahmed C/o. 23-2-646 Punch Mohalla, Shalibanda, Hyderabad. 6) Mohd. Zuber S/o. Late Moulin Obed C/o. 23-2-647 Punch Mohalla, Shalibanda, Hyderabad. ... PETITIONERS AND 1) The Government of Andhra Pradesh Rep. by its Principal Secretary to Government,, Revenue Department & Land Acquisition, A.P. Secretariat, Hyderabad. 2) The Collector, & District Magistrate Hyderabad District, Hyderabad. 3) The Special Deputy Collector, Land Acquisition, Greater Hyderabad Municipal Corporation, Hyderabad. 4) The Greater Hyderabad Municipal Corporation, Rep. by its Commissioner, GHMC Head Office, Tank Bund, Hyderabad. ...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 of Certiorari or any other appropriate writ, order or orders (a) Call for the records in Proceedings No. C/191/2005, dated 19-02-2005 on the file of the Special Deputy Collector, Land Acquisition, Hyderabad/ Respondent NO.3 and other connected records from the Respondent No.3 (B) To quash the impugned Order in Proceeding No.C/191/2005, Dt.19-12-2005 on the file of the Special Deputy Collector/Respondent No.3 by declaring it as illegal, and unconstitutional, c) To Declare the action of the Respondent No.3 in discarding the objections and in not considering the same as illegal and unconstitutional and also without jurisdiction. d) To direct the respondents not to dispossess the petitioners from their respective mulgies under the impugned Proceedings, and e) to pass such other order or orders. Counsel for the Petitioners:MR.WASIM AHMED KHAN Counsel for Respondent Nos.1, 2 & 4: GP FOR LAND ACQUISITION Counsel for respondent No.3: MR. R. RAMACHANDRA REDDY The Court made the following: J U D G M E N T : (Per Shri Anil R. Dave, Chief Justice) 1. Proceedings viz., Proc. No.C/191/2005 dated 19.12.2005 issued by Special Deputy Collector, Land Acquisition, Municipal Corporation of Hyderabad had been challenged in Writ Petition No.9962 of 2006 and the said petition had been rejected by the learned Single Judge, against which Writ Appeal No.932 of 2008 was filed and it was pending before the Division Bench. In the circumstances, as the said proceedings are also challenged in this petition, the learned Single Judge directed that this petition should be heard with Writ Appeal No.932 of 2008. For the afore-stated reasons, this petition is placed for hearing before this Court. 2. At the time of hearing Writ Appeal No.932 of 2008, it was found that after making enquiry under Section 5-A of the Land Acquisition Act, 1894 (for short, ‘the Act’), respondent No.3 i.e. Special Deputy Collector (Land Acquisition) did not forward his report to the Collector and no order was passed by the Collector, as required under the provisions of Section 5-A of the Act. 3. In view of the afore-stated lapse in the procedure, Writ Appeal No.932 of 2008 has been allowed today by passing the following order: “The appeal is allowed and it is directed that the proceedings issued by respondent No.2 being Procgs. No.C/191/2005 dated __.12.2005 and the proceedings, if any passed in furtherance thereof, are quashed and set aside. The concerned authority shall forward the objections with its remark thereon to the Collector so that needful can be done in accordance with law under the provisions of the Act.” Accordingly, this petition is also allowed in terms of the judgment in Writ Appeal No.932 of 2008 with no order as to costs. ANIL R. DAVE, CJ December , 2008 P.V. SANJAR KUMAR, J svs ........REGISTRAR To 1. 2.2 CD copies Form-NIC-OGS/WA {KSRANI}