THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.2679 of 2008 Date: 12.02.2008 Between: G.P.Bhasker Reddy and others … Petitioners AND The Government of Andhra Pradesh and others … Respondents THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.2679 of 2008 ORDER: This writ petition is filed for a writ of mandamus to declare the action of the respondents in seeking to acquire the lands of the petitioners without holding proper enquiry under Section 5A of the Land Acquisition Act, 1894 (for short ‘the Act’). Heard Sri P.Venugopal, learned counsel for the petitioners and the learned Assistant Government Pleader for Land Acquisition. At the hearing, Sri P.Venugopal, learned counsel for the petitioners submitted that in response to the notice issued under Section 5A of the Act, the petitioners filed their objections on 18.01.2008 and were present in the office of respondent No.3 on the said date fixed for enquiry to be held under Section 5A of the Act and that respondent No.3 was not present in his office on that day. The learned counsel further submitted that when the petitioners sought to give their objections to respondent No.4, they have learnt that he was also on leave and under those circumstances, the petitioners gave their objections to a Senior Assistant by name Sri Munivelu at about 5.30 p.m. and left the office of respondent No.3. The grievance of the petitioners is that without holding enquiry under Section 5A of the Act, the respondents are seeking to take measurements and dispossess the petitioners from their lands. I have carefully considered the submissions of the learned counsel for the petitioners. Under Section 5A of the Act, which provides a valuable opportunity to the land owners to submit their objections to the proposed acquisition, it is incumbent upon the competent authority to hold enquiry and to give an opportunity of personal hearing before seeking to proceed further with the proposed acquisition. The respondents cannot reduce such an enquiry to a farce. In the light of the grievance expressed by the petitioners that respondent No.3 was not present on the scheduled date of hearing and the apprehension expressed by them that without holding enquiry, the respondents may proceed with the acquisition of their lands, I direct respondent No.3 to give the petitioners an opportunity of personal hearing and respondent No.2 to pass a detailed order, after completion of enquiry under Section 5A of the Act. I further direct respondent Nos.2 to 4 not to dispossess the petitioners until the above-mentioned process is completed. With the above observations, the writ petition is disposed of. As a sequel to disposal of main petition, WPMP.No.3449 of 2008 filed by the petitioners for interim relief is disposed of as infructuous. C.V. NAGARJUNA REDDY, J 12th FEBRUARY, 2008 Note: issue copy in four (4) days. B/o kvni