CHINNAPPA REDDY, J.

( 1 ) THE petitioners own small extents of land altogether of the extent of 3 acres and 17 cents in Reddipalli Village, Bheemunipatnam Taluk, Visakhapatnam District. A notification under Section 4 (1) of the Land Acquisition Act proposing to acquire the lands of the petitioners for the purpose of providing house sites for Harijans was published in the Andhra Pradesh Gazette on 24-9-1970. The notification itself bore the date 15-5-1970. By the same notification the power under Section 17 (4) of the Act was invoked and the enquiry contemplated by Section 5-A was dispensed with. Thereafter, the draft declaration under Section 6 of the Act was approved by the Government in G. O. Rt. No 2283 Education (S. W.) Department dated 22-12-1970 and was published in the Andhra Pradesh Gazette on 25-2-1971. No steps were, however, taken to take possession of the lands. On 16-9-1971 the petitioners filed the present application for the issue of a writ to Quash the notification dated 19-5-1970.

( 2 ) THE learned counsel for the petitioners submitted that the very fact that the Government took the decision to acquire the lands on 19-5-1970 but did not publish the notification in

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