IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 14857 of 2008 Between: Nimmagadda Seetharamalakshmi W/o.Nageswara Rao R/o.Gajjaram village Tallapudi Mandal, West Godava District ..... PETITIONER AND 1 The State of Andhra Pradesh, rep.by its Principal Secretary to Revenue (Land Acquisition), Department, Secretariat, Saifabad, Hyderabad 2 The District Collector, West Godavari District at Eluru 3 The Land Acquisition officer-cum-Revenue Divisional Officer,Kovvur,West Godavari District. 4 The Tahsildar, Tallapudi Mandal, West Godavari District .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in insisting the petitioner to vacate the landed property of Ac.2.49 cents in Survey number 47/.3 of Kukkunuru village, pursuant to notification in Roc.No.G4/228/2007(SW) dated 22.6.2008 issued by the 2nd respondent without following due process of law thereafter as illegal, irregular arbitrary, irrational and contrary to the provisions of Land Acquisition Act, 1894 and offends articles, 14,21 and 300A of the Constitution of India and consequently direct the respondents not to dispossess the petitioner from her said land. Counsel for the Petitioner: MR.NIMMAGADDA SATYANARAYANA Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following ORDER: THE HON’BLE MS JUSTICE G.ROHINI Writ Petition No.14857 of 2008 ORDER: The land belonging to the petitioner situated in Survey No.47/3 of Kukunuru Village, Tallapudi Mandal, West Godavari District, is sought to be acquired under the provisions of the Land Acquisition Act, 1894 (for short ‘the Act’) for public purpose, namely, providing house sites to the weaker sections under Indiramma Scheme. The notification under Section 4(1) of the Act was published on 22.06.2008, whereunder the Revenue Divisional Officer, Kovvuru was authorized to conduct enquiry under Section 5A of the Act. In this writ petition, it is alleged that the petitioner being small farmer, the proposed acquisition is unwarranted and unjustifiable and at any rate, the action of the respondents in seeking to dispossess the petitioner even without conducting enquiry as contemplated under Section 5A of the Act is arbitrary and illegal. Having regard to the fact that the urgency clause under Section 17(4) of the Act has not been invoked and the enquiry under Section 5A of the Act is proposed to be conducted, it is not open to the respondents to interfere with the possession of the petitioner, at this stage. Accordingly, the writ petition is disposed of with a direction to the respondents not to interfere with the possession of the petitioner in respect of the lands in question without conducting enquiry under Section 5A of the Act, and without taking necessary further steps following due process of law. No costs. _______________ 11.07.2008 VGB