IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWELFTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 12019 of 2008 Between: 1.D. Pedda Ramasubba Reddy S/o. Late Pedda Bali Reddy R/o. Tammadapalli Village, Mahanandi Mandal, Kurnool District. 2.D. Chinna Ramasubba Reddy S/o. Late Pedda Bali Reddy R/o. Tammadapalli Village, Mahanandi Mandal, Kurnool District. 3.D. Ramakrishnaiah S/o. Late Pedda Bali Reddy R/o. Tammadapalli Village, Mahanandi Mandal, Kurnool District. 4.Mallepogula Nagendrudu S/o. Nadipi Naganna R/o. Tammadapalli Village, Mahanandi Mandal, Kurnool District. 5.Chabolu Venkata Ramudu S/o. Ramudu R/o. Tammadapalli Village, Mahanandi Mandal, Kurnool District. 6.M. Venkata Siva Reddy S/o. Venakata Reddy R/o. Tammadapalli Village, Mahanandi Mandal, Kurnool District. 7.K. Pakkiramma W/o. Chinna Narasimhulu R/o. Tammadapalli Village, Mahanandi Mandal, Kurnool District. ..... PETITIONERS AND 1.The District Collector (Land Acquisition Officer), Kurnool Kurnool District. 2.The Revenue Divisional Officer, Nandyal, Kurnool District. .....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 an order or direction more particularly one in the nature of writ of Mandamus declaring the notification Lr. Rc.L67/2008 dated 27.05.2008 published in SAKSHI Daily News Paper i.e., making declaration under Section 6 of the Land Acquisition Act 1894 declaring that the Government is intended to takeover the possession of the agricultural lands admeasuring Ac.1.01 cents situated at S.No.123/1 in Tammadapalli Village, Mahanandi Mandal, Kurnool District belongs to petitioners 1 to 3, Ac.1.40 cents situated in S.No.124/1 belongs to 4th and 5th petitioner and Ac.1.32 cents situated in S.No.124/1 belongs to 6th and 7th petitioners respectively as illegal, improper, unjust, arbitrary, and contrary to provisions of Land Acquisition Act and offencing fundamental rights of the petitioners guaranteed under Art. 14, 16 and 300-A of the Constitution of India and consequently quash the same. Counsel for the Petitioners: MR.K.VISWANATHAM Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following ORDER: THE HON’BLE MS JUSTICE G.ROHINI Writ Petition No.12019 of 2008 ORDER: This writ petition is filed seeking a declaration that the notification, dated 27.05.2008, issued by the first respondent under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’) proposing to acquire the lands belonging to the petitioners situated in Tammadapalli Village, Mahanandi Mandal, Kurnool District, is arbitrary and illegal. Though the petitioners opposed the acquisition under the impugned notification on various grounds, it is to be noted that the enquiry under Section 5A of the Act has not been dispensed with and therefore, it is always open to the petitioners to raise all the objections before the Land Acquisition Officer in the enquiry to be conducted under Section 5A of the Act. Hence, interference of this Court at this stage is not warranted. Accordingly, the writ petition is disposed of leaving it open to the petitioners to submit their objections in the enquiry contemplated under Section 5A of the Act, in which event, the respondents shall take the same into consideration and take further steps following due process of law. No costs. _______________ 12.06.2008 Note: Issue CC in two days. (b/o) VGB