HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.7320 of 2007 04.02.2008 Between: R.Vatsalamma and others … Petitioners AND Land Acquisition Officer/Revenue Divisional Officer, Tirupati, Chittoor and another … Respondents HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.7320 of 2007 ORDER: This writ petition is filed for a writ of mandamus to invalidate notification, dated 01.02.2007 issued under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’). Heard Sri P.Venugopal, learned counsel for the petitioners and the learned Assistant Government Pleader for Land Acquisition. At the hearing, it is conceded by the learned counsel for the petitioners that the main contention raised in this writ petition, namely, validity of proposal to acquire agricultural land without its conversion for non-agricultural use is no longer res integra in view of judgment, dated 28.12.2007, passed by this Court in Writ Petition Nos.18881 of 2006 and batch, wherein a similar contention has been rejected. The learned counsel for the petitioners, however, submitted that though notification issued under Section 4(1) of the Act did not dispense with the enquiry under Section 5A of the Act, the Land Acquisition Officer, who filed counter affidavit, stated that enquiry under Section 5A of the Act was dispensed with and declaration under Section 6 of the Act has been published. I have perused the impugned notification and the averments mentioned in the counter affidavit. In the notification issued under Section 4(1) of the Act, it is specifically mentioned that respondent No.1 is entrusted with the function of holding enquiry under Section 5A of the Act, which necessarily means that enquiry is not dispensed with. However, respondent No.1 without any application of mind, whatsoever, filed the counter affidavit, in which, he erroneously pleaded that enquiry under Section 5A of the Act is dispensed with. This conduct of respondent No.1 deserves strong deprecation. He is cautioned not to repeat such conduct in future. Since enquiry is contemplated by the notification issued under Section 4(1) of the Act, the writ petition is disposed of. Declaration under Section 6 of the Act is set aside. The respondents are directed to hold enquiry under Section 5A of the Act by giving an opportunity of personal hearing to the petitioners before seeking to proceed further with the proposed acquisition. As a sequel to disposal of main petition, interim order, dated 10.04.2007 is vacated, WPMP.No.9330 of 2007 is dismissed. C.V.NAGARJUNA REDDY, J 4th FEBRUARY, 2008. kvni