THE HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.449 of 2005 ORDER: In this writ petition, the petitioners are challenging the action of the respondents in seeking to lay canal through their lands in Sy.Nos.280 and 281 of Rajanagaram Mandal, East Godavari District, and to dispossess them from their lands, without considering the representation submitted by them and without initiating proceedings under the Land Acquisition Act. There is no necessity of going into all the details. In the counter affidavit filed by the respondents, it is asserted that the subject lands were acquired as per the provisions of Land Acquisition Act. It is stated that Section 4(1) notification was issued on 15.07.2004 and draft declaration under Section 6 of the Land Acquisition Act was published on 16.07.2004 and, thereafter, notices under Sections 9(1), 9(3) and 10 were also issued on 26.07.2004. It is also stated that in view of urgency in nature, enquiry under Section 5-A of the Act was dispensed with by invoking urgency clause under Section 17(4) of the Act. It is further stated that as the petitioner refused to receive the compensation of 80% offered to him, the said amount was deposited with the revenue authorities. From the averments made in the counter affidavit, it cannot be said that the respondents are trying to dispossess the petitioners from the subject lands, without invoking the provisions of the Land Acquisition Act, and therefore, the writ petition is devoid of merits and is liable to be dismissed. The writ petition is, accordingly, dismissed. However, this will not preclude the petitioners from claiming the compensation of 80% purported to have been deposited with the Land Acquisition Officer. No order as to costs. ______________ C.V.RAMULU,J 02.12.2010 v v