1 IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 655 OF 2008 Mrs. Elsa Rosita Fernandes e Furtado and others. ... Petitioners versus The State of Goa through Secretary(Revenue) and another. ... Respondents Mr. Ryan Menezes, Advocate for the Petitioners. Mr. S. R. Rivonkar, Government Advocate for the Respondents. CORAM : A. P. DESHPANDE & N. A. BRITTO, JJ. DATE : 12TH NOVEMBER, 2008. P.C.:- In the present petition a Notification dated 17th September, 2008 issued by the State Government, under Section 17(1) of the Land Acquisition Act, 1894 with a view to acquire lands bearing Survey Nos./Sub-Division Nos. 261/1, 262/08, 262/09, 262/10, 262/04, 262/14 and 262/15 of which the Petitioners claim to be the owners, is impugned. 2 The Notification impugned in this petition records a direction issued by the Government under sub-section(4) of Section 17 of the Act that the provision of Section 5-A of the Act shall not apply. Aggrieved by the invocation of the urgency clause in the matter of acquisition, this petition came to be filed. The learned Government Advocate appearing for the State Government, on instructions, from the Executive Engineer, Work Division- VI(Roads) submits that the Government does not wish to acquire the said lands by applying urgency clause and it further proposes to afford an opportunity of hearing to the present Petitioners as is envisaged by Section 5-A of the Land Acquisition Act. This statement is accepted which is substantiated by a communication placed on record by the learned Government Advocate and which is marked 'X' for identification. In view of the statement made by the learned Government Advocate that the Petitioners would be afforded an opportunity of hearing in an inquiry under Section 5-A, learned Counsel appearing for the Petitioners seeks permission to withdraw the petition, on instructions from his client who is present in Court. Permission granted. Writ Petition dismissed as withdrawn. The Petitioners shall appear before Respondent No.2/Land Acquisition Officer on 2nd December, 2008 and file their objections. On receipt of 3 the objections from the Petitioners, Respondent No.2 shall deal with the same in accordance with law. A. P. DESHPANDE, J. N. A. BRITTO, J. RD