Aggrieved by the order dated 30.10.2000 passed by a learned single Judge of this Court in Writ Petition NO.13318 of 1998, the State represented by its officers is in appeal before us. By the said order, the learned Judge allowed the writ petition declaring that Award NO.2 of 1993, dated 22.12.1993 pertaining to the acquisition of an extent of AC.1-50 cents in R.S.No.150/4 of Penikeru Village, Alamuru Mandai, East Godavari District, was illegal and liable to be set aside in the light of the violation of the mandatory requirement of the provisions of Section 9(3) of the Land Acquisition Act, 1894 (for short 'the Act').

2. The facts of the case germane to this adjudication are as follows:

The State of Andhra Pradesh issued notification dated 27.07.1981 under Section 4(1) of the Act proposing to acquire a total extent of AC.B-B9 cents of land in Penikeru Village, Alamuru Mandai, East Godavari District, for the purpose of providing house sites to the weaker sections. The land proposed to be acquired was situated in Sy.Nos.150/4, 150/B, 150/9, 150/10, 151/1, 151/2, 151/3 and 151/4 of the Village. In so far as the Respondent in this writ appeal is concerned, (who was the Petitioner in the writ petition), his double crop wet land admeasuring AC.1~50 cents in Sy.No.150/4 was proposed to be acquired under the said notification.

3. It is pertinent to note that the State, while issuing the above notification under Section 4(1) of the Act, simultaneously published the declaration under Section 6 of the Act also. The same were published in the A.P. Gazettee on 27.07.1981. While so, Writ Petition NO.2498 of 1981 came to be filed by the land owners of the lands comprised in Sy.Nos.150/8, 150/9 and 150/10 in respect of the proposed acquisition and pursuant to the order of this Court staying their dispossession, their land admeasuring AC.0-74 cents was excluded and an award was passed bearing Award NO.24 of 1982, dated 17.06.1982 in respect of the remaining land. However, Writ Petitions Nos.7279 and 7281 of 1983 were filed before this Court by the owners of the lands in Sy.Nos.151/1, 151/2,151/3 and 151/4 and pursuant to the order of this Court dated 11.02.1986 in the said writ petitions, an extent of AC.6-28 cents covered by the litigation was also excluded from the proposed acquisition. The Respondent herein filed W.P.No.4475 of 1982 before this Court seeking to restrain the Respondents therein from proceeding further with the acquisition without following the procedure laid down by law. The said writ petition was disposed of by an order dated 28.01.1986, taking note of the fact that the notification under Section 4(1) of the Act and the declaration under Section 6 of the Act were published simultaneously and setting aside the declaration under Section 6 of the Act. The authorities were directed to conduct an enquiry 'under Section 5-A of the Act giving due notice and opportunity to the Respondent herein.

4. Pursuant to the said order, notice dated 28.04.1986 was issued under Section 5-A of the Act to the Respondent and an enquiry was conducted on 04.06.1986. After considering the Respondent's objections, draft declaration under Section 6 of the Act was approved by the Collector, East Godavari District, under Reference NO.11 /47/81, dated 24.10.1986 and the declaration was published in the East Godavari Gazettee on 28.10.1986. The same was also published in Andhra Jyothi and Visalandhra News Papers on 08.11.1986. The Respondent herein questioned the declaration under Section 6 of the Act by way of Writ Petition No.2096 of 1987 before this Court, but the same was dismissed by an order dated 21.10.1992. Writ Appeal NO.978 of 1992, filed by the Respondent herein against the dismissal of W.P.No.2096 of 1987, was also dismissed by a Division Bench of this Court by order dated 21.02.1997.

5. It was the case of the Respondent before this Court in W.P.No.13318 of 1998, from which the present appeal arises, that the authori