THE HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.437 of 2009 ORDER : The petitioners claim to be the owners of small extents of lands situate in various survey numbers of Prasadampadu Village, Vijayawada Rural Mandal, Krishna District. Their lands were proposed to be acquired in pursuance of the Draft Notification published under Section 4 (1) of the Land Acquisition Act in the Krishna District Gazette No.108/08, dated 26-11-2008 for the purpose of providing houses under the Indiramma Housing Programme, Phase-III. In view of the compelling need as then existed, urgency clause for acquiring the land was invoked. At the same time, it appears that notice for conducting enquiry under Section 5-A of the Act was also issued. It is at this stage the petitioners filed this Writ Petition contending that the purpose of acquisition would not warrant urgency and hence enquiry under Section 5-A was imperative and that even though it was proposed to conduct enquiry under Section 5-A, it was only an empty formality, as the authorities were pre-determined to acquire the said lands. The 3rd Respondent-Land Acquisition Officer/Sub-Collector, Vijayawada filed counter-affidavit inter alia stating that even though Section 17 (2) was invoked, enquiry under Section 5-A was not dispensed with. Notices were issued and enquiry was conducted by giving opportunity to all the concerned. It is also stated that the petitioners 12 to 15, whose names were not notified in the draft notification, were also put on notice and they attended the enquiry in the capacity of interested persons claiming to be the owners of their respective extent of lands in Sy.No.39. In view of the categorical statement of the 3rd Respondent in his counter-affidavit, which is not denied, it is evident that initially though urgency clause was intended to be invoked, no such course was pursued. It is evident that the enquiry under Section 5-A has been conducted in respect of which the petitioners had notice. In view of the same, as the only grievance of the petitioners has been redressed, no further orders need be passed in the writ petition. In view of the above, the Writ Petition is closed. No costs. ________________ NOUSHAD ALI, J. 23rd March, 2011. Skmr THE HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.437 of 2009 Date : 23-03-2011 Between : Smt.Bhupatiraju Udaya Kumar and Others .. Petitioners and The Government of Andhra Pradesh, Revenue Department, rep. by its Secretary, Secretariat, Hyderabad and Others .. Respondents