THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.3850 of 2007 ORDER: The District Collector, East Godavari, 1st respondent herein published a notification dated 30.01.2007 under Section 4(1) of the Land Acquisition Act (for short ‘the Act’) proposing to acquire Ac.9.11 cents of land in different survey numbers of Ramanakkapet Village, U.Kothapalli Mandal, East Godavari District for providing house sites to the poor. Ac.2.00 of land in Survey No.319 owned by the petitioners is also included in it. The petitioners state that they are small farmers and inclusion of their land for acquisition is opposed to various Circulars issued by the Government. It is also urged that during the lifetime of their mother, an extent of Ac.5.00 was acquired and even the left over land is sought to be acquired now. Another contention urged by the petitioners is that several other lands belonging to Government and owners of large extents are available and still their land is proposed to be acquired. The respondents filed counter affidavit denying the allegations. It is stated that it is only after verification that the land of the petitioners was chosen along with those of others. Heard the learned counsel for the petitioners and the learned Government Pleader for Land Acquisition. The proposed acquisition is in respect of Ac.9.11 cents of land. The extent owned by the petitioners is Ac.2.00. This Court would have examined the various contentions urged by the petitioners, but for the fact that an enquiry under Section 5-A of the Act is yet to be conducted. The petitioners can put forward all their contentions in the course of enquiry. It is only when their contentions are rejected and a declaration under Section 6 of the Act is published, that the petitioners can be said to have genuine grievance. As of now, the writ petition is pre-mature. Hence, the writ petition is disposed of leaving it open to the petitioners to raise all the contentions in the course of enquiry under Section 5-A of the Act. The petitioner shall have 15 days time from today to submit their objections. The concerned authority shall take the same into account before a declaration under section 6 of the Act is published. If the grievance of the petitioners subsists even at that stage, it shall be open to them to approach this Court. There shall be no order as to costs. __________ 01.06.2010 JSU THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.3850 of 2007 Date: 01.06.2010 JSU