IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.635 of 2008 Between: Punati Venkata Appa Rao & others. ..... PETITIONERS AND 1.The District Collector, Prakasam District and others. .....RESPONDENTS The Hon'ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.635 of 2008 Order: This Writ Petition is filed for a writ of Mandamus to declare the action of the respondents in dispensing with enquiry under Section 5-A of the Land Acquisition Act, 1894 (for short ‘the Act’) by invoking the provisions of Section 17(4) of the Act as illegal and to set aside notification dated 19-11-2007 and declaration dated 15-12-2007 issued under Sections 4(1) and 6 of the Act respectively. Heard Sri N.Madhava Rao, learned Counsel for the petitioner, and the learned Assistant Government Pleader for Land Acquisition. At the hearing, it is submitted by the learned Counsel for the petitioners and conceded by the learned Assistant Government Pleader for Land Acquisition that in respect of the left main canal of Kandula Obula Reddy Gundlakamma Reservoir Project, this Court disposed of Writ Petition No.5448 of 2007 on 17-12-2007 by setting aside the declaration made under Section 6 of the Act and directing the respondents to hold enquiry under Section 5-A of the Act. Since the proposed acquisition, which is the subject matter of this Writ Petition, relates to the right main canal of the same project and the legal issue involved in this Writ Petition is identical to the one decided in W.P.No.5448 of 2007, this Writ Petition is disposed of in terms of the said order with a direction that the observations contained therein shall be read as part of this order. For the detailed reasons contained in the said order, declaration dated 15-12-2007 issued under Section 6 of the Act is set aside and the respondents are directed to hold enquiry under Section 5-A of the Act. ___________________ (C.V.NAGARJUNA REDDY) 21-01-2008 LUR