HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WVMP.No.2180 of 2007 and WRIT PETITION No.3163 of 2007 17.01.2008 Between: N.Bapinedu and another … Petitioners AND Government of Andhra Pradesh and others … Respondents HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WVMP.No.2180 of 2007 and WRIT PETITION No.3163 of 2007 COMMON ORDER: This is an application to vacate interim order, dated 20.02.2007 passed in WPMP.No.4052 of 2007 in W.P.No.3163 of 2007. The main grievance of the petitioners’ as could be seen from the averments contained in the affidavit filed in support of the writ petition is that the respondents dispensed with the enquiry under Section 5A of the Land Acquisition Act, 1894 (for short ‘the Act’) invoking urgency clause under Section 17(4) of the Act for acquiring the petitioners’ lands for providing house sites for landless poor persons. In the counter affidavit filed along with the vacate stay petition, respondent No.3 - Revenue Divisional Officer and Land Acquisition Officer, Kovvur Division, West Godavari District stated that though urgency clause is invoked and enquiry under Section 5A of the Act is dispensed with, opportunity will be given to the petitioners by issuing notices to them under Section 5A of the Act and their objections, if any filed will be considered and disposed of before taking a decision whether to proceed with the acquisition or not. In view of this stand taken in the counter affidavit, I do not deem it necessary to go into the merits of the case. The writ petition is, therefore, disposed of and respondent No.3 is directed to hold enquiry under Section 5A of the Act by giving notice and opportunity of personal hearing to the petitioners’ before seeking to proceed further with regard to the proposed acquisition. The respondents are directed not to dispossess the petitioners from the lands under acquisition till completion of enquiry. As a sequel to disposal of main petition, WVMP.No.2180 of 2007 and WPMP.No.4052 of 2007 are dismissed. C.V.NAGARJUNA REDDY, J 17th JANUARY, 2008. kvni