MADHAVA REDDY, A. C. J.

( 1 ) THESE two appeals are directed against the judgment of our learned brother gangadhara Rao, J. , allowing writ petition No. 5524 of 1978 in part.

( 2 ) THE land acquisition officer, Nellore published a notification under S. 4 (1) of the Land Acquisition Act hereinafter referred to as the Act in the Gazette on 7-10-1978 notifying the acquisition of an extent of Ac. 1-06 cents of lands in survey No. 314/1 an 315/b1 of Reddigunta village hamlet of yellayapalem village belonging to the petitioners. The substances of the said notification was published in the locality on 17-11-1978. This land was proposed to be acquired for providing house sites to scheduled tribes and economically backward classes and for that purpose invoking the powers under S. 17 (4) the enquiry under sec. 5-A of the Act was dispensed with. However in view of the guidelines issued by the Government of Andhra pradesh in their Memorandum No. 1952/g. 76-4 Revenue (G) Department dated 24-7-1976 advising the land acquisition officer to defer even after the Notification under S. 4 (1) or S. 6 of the Act, Acquisition of lands from surplus holders until the proceedings under the Andhra pradesh l