IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE ELEVENTH DAY OF AUGUST, TWO THOUSAND EIGHT ONLY PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.15926 of 2002 Between: Veeramachaneni Nagendra Prasad … Petitioner AND The Collector, Krishna district, Machilipatnam, & others. … Respondent Counsel for the petitioner : None Counsel for respondents 1to3: AGP for Land Acquisition This Court made the following: THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.15926 of 2002 ORDER:- This writ petition is ﬁled for a writ of Mandamus to set aside notiﬁcation and declaration dated 12.02.2001 and 20.02.2001 issued under Sections 4(1) and 6 of the Land Acquisition Act, 1894 (for short, ‘the Act’) respectively to the extent of Ac.2.77 cents in R.S.Nos.15 and 16 of Kesarapally Village, Gannavaram Mandal, Krishna District. At the hearing, there is no representation for the petitioner. A perusal of the record shows that the abovementioned land is acquired for establishment of College of Veterinary Sciences at Gannavaram, Krishna District. Enquiry under Section 5A of the Act was dispensed with. Learned Assistant Government Pleader for Land Acquisition, on instructions, submitted that since the notiﬁcations impugned in this writ petition were questioned in WP.No.17974 of 2001 and interim stay was granted by this Court on 29.08.2001, award could not be passed. A perusal of the proceeding sheet shows that on 23.08.2002 this Court granted interim stay in this case also. In view of long lapse of time after initiation of the acquisition proceedings, there is no justiﬁcation to allow the respondents to pass an award without holding an enquiry under Section 5A of the Act. In this view of the matter, the impugned declaration issued under Section 6 of the Act is quashed. The respondents are directed to conduct enquiry under Section 5A of the Act before proceeding further with the proposed acquisition. The writ petition is accordingly allowed. As a sequel to disposal of the writ petition in the manner indicated above, WPMP.No.19990 of 2002 ﬁled by the petitioner for interim relief is disposed of as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J Date: 11.08.2008 ES