The Hon’ble Sri Justice R.Subhash Reddy Writ Petition No.2997 of 2010 Order: In this Writ Petition, the petitioners seek declaration, by way of Mandamus, that the action of the respondents in proceeding with the enquiry under Section 5-A of the Land Acquisition Act, 1894 (for short ‘the Act’) vide proceedings No.E/2139/09, dated 02-01-2010, on the file of respondent No.3, ignoring their objections, and not permitting them to participate in the enquiry, is illegal and arbitrary. Heard learned Counsel for the petitioner and learned Government Pleader for Land Acquisition appearing for the respondents. The brief facts of the case are as under: Petitioners claim to be the possessors of lands admeasuring Ac.15-34 guntas and Ac.15-38 guntas in Survey Nos.42/2 and 46/2 respectively, situated in the limits of Rajoli Village, Waddepally Mandal of Mahabubnagar District, which were notified under the provisions of the Act, for the purpose of providing house sites to flood victims. It is their case that the said lands are inam lands and as such, they are entitled for occupancy certificates under provisions of the Andhra Pradesh (T.A.) Abolition of Inams Act, 1954. It is their grievance that although they are the persons interested and were in occupation of the lands in question as on the date of notification, the respondents are proceeding with the enquiry under Section 5-A of the Act without issuing any notice to them. On written instructions, from the third respondent, the learned Government Pleader for Land Acquisition appearing for the respondents submitted that the petitioners were issued notice in Form III under Section 5-A of the Act on 02- 01-2010 itself, and that an endorsement was also made by the petitioners on the office copy in token thereof. It is further submitted that in the objections filed before the Land Acquisition Officer on 18-01-2010, the petitioners sought either to pay compensation to them or to refer the matter to civil Court under Section 30 of the Act. Ultimately, it is submitted that there is no illegality in the action of the respondents in proceeding with the enquiry under Section 5- A of the Act. Whether the petitioners were entitled for award of compensation or not is a matter, which has to be enquired into during the enquiry proceedings. So far as Section 5-A enquiry is concerned, even according to the petitioners, they are not objecting to the acquisition as such. The petitioners’ allegation that they were not issued notice appears to be false in view of the statement made by the learned Government Pleader. Their objection appears to be as regards payment of the compensation only. In the alternative, they sought for reference under Section 30 of the Act. Inasmuch as the petitioners claim that they are the persons interested, I deem it appropriate to dispose of this Writ Petition directing the third respondent to issue fresh notice to the petitioners along with other owners and persons interested in the award enquiry proceedings and pass appropriate award only after considering the objections, if any, filed by them. Subject to the above directions, the Writ Petition is disposed of. No order as to costs. _________________ R.Subhash Reddy, J Date: 11th February, 2010 lur