AND v. natural justice and Article 14,21 and 30

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order, writ or direction more particularly in the nature of Writ of Mandamus declaring the actron of the respondents 1 to 3 in not paying the compensation amount to petitioner land of an extent of Ac.5.00 in Sy.No. 631/46 situated at Thogudem Village, Aswaraopet Mandal Khammam District as illegal, arbitrary and contrary to law and violated of principle of naturaljustice and Article 14,21 and 3004 of constitution of lndia and consequently direct the respondents to follow due process of law by initiating eith r by Land Acquisition or by consent as otherwie the petitioners would suffer irrep rable loss and injury l.A. NO: 1 OF 2010 WPMP. NO: 22394 OF 20 0 Petition under Section '1 51 CPC pray g that in the circumstances stated in the affidavit filed in support of the petitio , the High Court may be pleased to direct the respondents 1 to 3 to pay the co pensation amount to the petitioner land of an extent of Ac.5.00 in Sy.No. 63 /46 situated at Thogudem Village, Aswaraopet Mandal Khammam District pend g disposal above writ petition l.A. NO: 1 OF 2012 PMP. NO: 211 OF 2012 Between: Sri Kursum Lakshmr, W/o. K. Rajulu, ged 35 years, Occ: Housewife, Rl/o Thogudem Village, Aswaraopet lvlandal, Khammam District AND 1 2 The Sub Collector, Paloncha, Khamma The Revenue Divisional Off icer cum Khammam District.

3. The Tahildar, Aswaraopet Mandal. 4. The Special Deputy Collector, Lan Palwancha, Khammam District. ...PETITIONER District. Land Acquisition Officer, Paloncha, Acquisition, lndira Sagar Project, ...RESPONDENTS Petition under Section 15'1 CPC pra ing that in the circumstances stated in the affidavit filed in support of the petitio , the High Court may be pleased to permit the petitioner to implead the "Specia Deputy Collector, Land Acquisition, lndrra Sagar Project, Palwancha, Khamma District " as Respondent No.4 in the above WP.No.17715 ol 20'10 and in all othe WPMPs in the interest of justice Counsel for the Petitioner: SRI R.R.KALYA Counsel for the Respondents: AGP FOR D ACQUISITION WRIT PETITION NO: 17776 OF 2010 Between: Sri Kursum Divya Vani, D/o. K. Ralulu, aged 19 years, Fl/o. Thoggudem Village, Aswaraopet Mandal, Khammam District ...PETITIONER AND

2. 4 The Sub Collector, Paloncha, Khammam District The Revenue Divisional Officer cum land Acquisitron Officer, Paloncha, Khammam District The Tahsildar, Aswaraopet ltrlandal, The Special Deputy Collector, Land Acquisition. lndira Sagar Proiect, Palwancha, Khammam District. (R4 is impleaded as per Court Order dt 16.03.2012 in WPMP.No.137/12 ...RESPONDENTS Petition under Article 226 of the Constitution of lndra praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order, writ or direction more particularly in the nature of writ of Mandamus declaring the action of the respondents 1 to 3 in not paying the compensation amount to petitioner land to an extent of Ac. 5.00 in Sy.no. 631/48 situated at Thogudem Village, Aswaraopet lvlandal, Khammam District as ilegal, arbitrary and contrary to law and violated of principle of naturai justice and Article 14,21 and 300 A of Constitution of lndia and consequently direct the respondents to follow due process of law by initiating either by Land Acquisition or by consent as otherwise the Petrtioners would suffer irreparable loss and inju ry. l.A. NO: 1 OF 201o(WPMP. NO: 2246s OF 20101 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents'1 to 3 to pay the compensation amount to the petitioner land of en extent of Ac. 5.00 in Sy.no. 631/48 situated at Thogudem Village, Aswaraopet lvlandal, Khammam District pending disposal of the writ petition. Counsel for the Petitioner: SRI R.R.KALYAN Counsel for the Respondents: AGP FOR LAND ACQUISITION The Court made the following: COMMON JUDGMENT 7t HONOURABLE SRIJUSTIC B. VIJAYSEN REDDY WRIT PETITION Nos.l73 7715AND 177760F 2010 COMMON JUDGMENT : Grievance ol the petitioners tn these writ petitions is that the Govemment having acquired their lands admeasuring Acs.5-00 guntas each Survey Nos.63ll49, 631146 and 3ll48, respectively, situated at Thogudem Village, AswaraoPet Man Khammam District, has not Paid compensatlon

2. Since the common lssue rn olved in all these writ Petitlons, they are being disposed of by this comm njudgment

3. Facts in W.P. No.17345 of 2 10, which is the leading case, are refened to for disposal of these writ pe

4.1. It is stated that the Petitio er viz., Mrs. Kursum Muthamma, wife of Mr. K. Krishna, WAS ASSI ed Acs.5-00 of land in SurveY No.63 1/49 situated at Thogudem Villag , Aswaraopeta Mandal, Khammam District, under landless poor quota petitioner had been in PhYsical possession and enjoyment of the subjec land for the past more than fifteen (15) years. She had been cultivating land by raising seasonal croPs. She belongs to the Schedule Tribe ( oya Caste) communitY. She was l { 2 issued pattadar pass book under the provisions of the ROR Act. I The Mandal Surveyor conducted enjoynent survey and the Mandal w.P. lro.r 7r,ra or 2010 & BATC H Revenue lnspector prepared the list of beneficiaries_ As per the beneficiaries list, the Government has issued pattadar pass book in favour of the petitioner in 2008.

4.2. It is stated that the subject land betonging to the petitioner was acquired under the Indira Sagar project for construction of Bandarugumpu New Water Tank. The petitioner approached respondent Nos.1 to 3 several times requestiflg for paynnent of compensation, bul they have not paid. Hence, the petitioner was constrained to approach this Court.

5.1. Respondent Nos. I to 3 filed counter affidavit contending that the then Executive Engineer, Dummugudem projecl Division - II, Aswaraopeta of erstwhile Khammam District has submitted L P Schedules for acquisition of the rand admeasuring Acs. 197-04 guntas in Thimmalakunta Revenue Village of Aswaraopeta Mandal, Bhadradri Kothagudem District, for formation of New Tank at Bandarugdem under Indira Sagar Rudramkota Lift hrigation Scheme (lSltLIS). The requisition proposals have been sent to the Assistant Director, Survey & Land Records, Khammam Distric! for conducting surve)/ and to prepare the scrutinised records in respect of Acs. 196. 14 guntas of (iovemment land 3 ?> and assigned land. The Assistant ector, Survey & Land Records, Khammam District conducted survey, repared Sub-Divi sion records along with enjoyment list and submitted r cords to the office of the Special Deputy Collector & Land Acquisition RDLIS & ISRLIS, Palvancha, vide Letter Rc.No.A 5 / 615 12008 dated 3 0.08 2008

5.2. As per the sub-division re rd and enjoyment list, for an extent ol Acs.4-34 guntas of pafta land, pro osals under Section 4(l) and draft declaration under the Land Acquisitio Act 1894 have been submitted to the Special Collector, Indira Sagar ect Polavaram, Khmmam, vide Office Lefter No.Bl/38/2008, dated 0

12.2008, which was published in the District Gazelte No. 195/2008 dat

15. 12.2008 (Draft Notification) and the Gazette No.196i2008 dated 16.1 2008 (Draft Declaration) and also published in the newspapers. [t is sta d that dre respondents' authorities have published the same on the no ce boards in the offices of Gram Panchayath, Tahsildar, MPDO, Sub- gistrar, District Collector, and the Revenue Divisional Officer, calling orobjections from the interested pefsons

5.3. Out of the total extent of Acs.196-14 guntas of the required land, an extent of Acs.l9l-20 guntas covered by the assigned land and the Govemment land encroached by e Tribes and Non-Tribes and also I 4 covered with road, Vagu, Canal etc. The then Dcputy Collector has a' \1.P. No.r7lll0r?0ro a BATCTI resumed the lands to an extent of Acs. 143-00 guntas and payment was also made to the concemed land losers, who have encroached the Government land, under ISRLIS vide office Lettel No.B/812/2008 datr:d 17.02.2009 and

02.03.2010

5.4. It is submitted that on perusal ol the scrutinised sub-division record report submitted by the Assistant Dilector, Survey & I-and Records, Khammam, the narne of the petitiolter viz., Kursum Muthamm4 wife of Kursum Krishna was found in the report But, there was a 'land dispute' benveen one Mr. N'tadivi Venkappa and others of the same revenue village. The then Special Deputy Collector, Land Acquisition, has addressed a letter to respondent No.li - ths Tahsildar, Aswaraopet Mandal, requesting to submit report as to Ph\ slcal possession of Mrs. Kursum Muthamma. u,ife of Mr. Kursum Krishna. [n the report, the Tahsildar has reported that some other persons viz., Mr. Madivi Venkappa and his family members were cultivating the subject land since trvenry (20) years. Finally, it was concluded that the acquired land was under occupation of some other persons viz., Maidvi Vcnkappa, Madivi Rajulu, Madivi Mangaiah and Potta Shiramamma. Thus. the subject land of the petitioner was not acquired 5 BVRJ w P. No I7J'6 dr20r0& BATCH f)

5.5. It is stated that the land in S urvey No.631 of Thirumalakunta Revenue Village of Aswaraopeta Mar rdal is consisting of Acs.16592.29 guntas vast area and it is 'Gut' survel r number covering with Forest and Govemment land. The petitioner had assignment patta in respect of the subject land admeasuring Acs.5-00 ln Survey No.631/49 situated at Thirumalakunta Revenue Village, A ,swaraopeta Mandal of erstwhile Khammam District. While land disput : was going on between Mr. Madivi Venkappa and other persons, Mr Madivi Venkappa has frled W.P. No.5 133 of 2010 before this High Court for pal,rnent of compensation to their family members in respect of Acs.5-36 guntas of land in Survey No.63 1/66, Ac. 1-14 guntas of land ir r Survey No.63 l/65 and Acs.4-00 guntas in Survey No.63 1. The said u rit petition was disposed of by the order dated 13.08.20I0 recording the lollowing undertaking given by the respondents in paragraph No.5 of the Lr counter affidavit for payment of compensation to Mr. Madivi Venkappa and two others "In answer to the averment s made in paragraph 5 of the petitioner's aflldavit. it is submitt ed that it is not correct to say thal the Covernmenl did not issut construction of reservoir and r : any notice or notification for vish to acquire the land in Sy.No.631 coming under the ProP ,osed tank is Govemment land covered by assignment patta, the r rotification under Section 4 (1) or 6 of the Land Acquisition Act cannot be issued. Fu(her, the names of the petitioners are not I bund in the enjol,rnent survey 6 list and therefore, notices could not be served to them to attend the enquiry in the village. On the other hand, the petitron ofthe petitioners was favourably considered by stopping pay,rn ent of compensation to other parties and referred the matter to the Tahsildar, Aswaraopet lor enquiry. Further, as the 'Iahsildaq Aswaraopet confirmed that the petitioners are jn actual possession of the disputed land the payment of compensation wilt be paid to them only."

5.6. It is submifted that the Special Deputy Collector, Land Acquisition Officer, has passed resumption order vide Rc.No.B/812/2008 dated 13.12.2011 for the land admeasuring Acs. l[-10 guntas for construction of Spoil Bank and Staff Quarters in BandarLrgudem Hamlet of Thirurnalakunta Revenue Village of Aswaraopeta Mandal, and details of the proposed assignees are as under sl. No I 2 3 Name of Assignee Sv No Extent as per SR PPB No Cheque No. & Dale Madivi Venkatesh S/o. Raiulu Madivi Seethamma Wo Venkappa Madivi Mangaiah S/o Pentaiah 631 63t165 t-27 z-13 l-14 2727 59 2727 58 63U66 5-36 272732 13 i635 Dt.22 t2 20tl 131636 Dt.22.t220tl 131637 Dt22 t2 20tt

5.7. It is submitted that the then Tahsildar, Aswaraopeta has submitted in his report that the subject land does not belong to the petitioner and the same belongs to Mr. Maidvi Venkappa and his family 7 R members who were cultivating the e since twenty (20) years, and thus the land of the petitioner was not ed. That there is no procedural lapse in acquiring the lands in rumalakunta Revenue Village of Aswaraopeta Mandal, Bhadradri Ko udem District for formation of New Tank at Bandarugudem under ra Sagar Rudramkota Lift Irrigation Scheme (ISRLIS).

6. Heard Mr. R.R. Kalyan, Ie ed counsel for the petitioners, and learned Assistant Government Pleader for Land Acquisition, and pcrused the material on record

7. The leamed counsel for the etitioners relied on the decision of the erstwhile High Court of Andlra P esh in Vajja Shantamma v, State of Andhra Pradeshr. It is further mitted that as per the enjoyment survey vide proceedings in Rc.No.B/13 008 dated January 2005, the list of beneficiaries was prepared which refl ts name of the petitioners in these writ petitions at Serial Nos.45, 42 and 44 in respect of the land admeasuring Acs.5-00 in Survey No 631149, 63t146 and 631148 The petitioners were also issued pattadar ass books bearing Patta Nos. 1200, I 197 and 1199 respectively ' 2ot2 (3) N,D 322

8. The learned Assistant Govemment Pleader for l.and Acquisition (.t 8 s'.P. No.r rjrs or I0l0 & BATCH relied upon the documents hled along with the counter affidavit and submitted that the lands claimed by the petitioners were not in their possession and, in fact, there was dispute with regard to their title and possession and pa1'ment of compensation towards -the strbjcct lands was kept in abeyance. ln W.P. No.5l33 of 2010 filed by Mr. N'ladivi Venkappa and others, order dated 30.08.2010 was passed by this Court recording the averment in the counter affidavit that 'compensation is lreing paid to the petitioners (Mr. Madivi \renkappa and others).'

9. On pcrusal of the record, it appears at the requcst of the Special Deputy Collector, Land Acquisition, RDLIS & ISRLIS Palvancha, the Assistant Director, Survey & Land Records, Kiammam l)istrict, submitted scrutinised sub-division records of Bandarugudenr. l{arnlet of Thirumalakunta Village of Aswaraopeta Mandal. vide Lefter Rc.No.A5/83/lO dated 16.02.2010. The Phodi (Sub-Division Plan) shows that out of thc total acquired land of Acs. 174-00 guntas. thc assigned land consists o[ Aos. 169-26 guntas and the Govemment land consists of Acs.4- 14 guntas. Thc statement showing sub-division of the rccord also reflects names of the persons registered as 'Present Enjoyers' in Column No. 1 l. 'F- 9 EVRJ n The details of enjoyers / registered ho ders in respect of Survey No.63 I /6 for an extent of Acs. 13-00 guntas is as Suncy area and its Classification according to the Scthwaf Particulars of thc proposcd area as per the Sub-Divisron survcy Numbcr and Names proposed Registered holders or Name of the ltesent enjoyer e5 9o 3; Z $ o t t A. t z 9 6 z e o O 5 E 3 4 5 6 7 8 9 l0 ll03 Go\.t DRY 63v6 303 ..t2 ) 00 t3

5.00 Kursam Muthama w/o Krishna Kursam La\lni W/o Rajulu Kursam Vecnaju Vo Rajulu ,,!2 o" E a ooa' .v7g ?oq ItU "A€ <b. 3 O 9 i I c d o a e a! t2 t3 't4 l5 As pcr file No.A5/617/08/ B/ta lz08 a I a 2 D R Y 5 1z I 63116

10. It appears, a news item was published in the Sakshi and Vaftha Telugu Daily Newspapers stating that ames of original farmers have been wrongly deleted and attempts are be g made to award compensation of Rs.23.00 lakhs (Rupees twenty thre lakhs only) to benamr holders The news report also shows that Mr. adivi Venkappa, Mr. Madivi Rajulu and Mr. Madivi Mangaiah possessed an extent of Acs.1l-10 guntas in Survey Nos.63 l, 63115 and 631/66, h wever, the authorities have shown 10 ovRJ pafta for an extent of Acs.20-00 guntas in the name of four persons (l belonging to one family and are stealthily trying to pay compensation of Rs.23.00 lakhs to them: the names of original owners have been wrongly deleted; and requested the authorities to conduct necessary enquiry and do justice to them. By the Letter Rc.No.D2l60/20l0 dated 04.03.2010, the Special Collector (LA), ISPP, Khammam, addressed to the Special Deputy Collector (LA), RDLIS & ISRLIS, Palvancha, and informed that in the light of the news items being published in Sakshi and V artha Telugu Daily Newspapers, alleging illegal gratification, Fax Message No. B3/Special/2010 dated 26.02.2010 was addressed to the District Collector, Khammam District, by enclosing representation of Mr. Madivi Venkappa and others along with the news item published in the Sakshi and Vartha Telugu Daily Newspapers Il. The Special Deputy Collector (LA), RDLIS & ISRLIS, Palvoncha, addressed Lefter Rc.No.B 181212008 dated 04.03.2010 to the Spccial Collector (LA), lndira Sagar (Polavaram) Project, Khammam District, stating that Mr. Madivi Venkappa, Mr. Madivi Rajulu and Mr Madivi Mangaiah, are having assignment patta pass books for the land admeasuring Ac.l-14 guntas in Survey No.631/65, Acs.4-00 guntas in Survey No.63 I and Acs.5-36 guntas in Survey No.63 l/66 respectively; the 11 BVRJ n lefter also says that patta pass books ere also issued for the same land to one Mr. Kursam Veenaju and others gularly. It is further pointed out that though the lands in Survey Nos.6 l/65, 631 and 631/66 in the pattadar pass books of Mavidi Venkappa and o ers and Kursam Veeraju and others are different. it cannot be concluded t the lands aie different because sub division work (Podi) was not done for either of the assignments pattas and only nominal sub division numb IS mentioned; during enquiry, Mr. Maivi Venkappa and others stated they have cultivated the land for the last ten (10) years and during 20 8 patta was issued to Mr. Kulsam Veemaju and others; hence, payment o cornpensation to Kursam Veenaju, Laxmi, Kuram Dir,ya Vani and Mu a is stopped and the Tahsildar, Aswaraopeta requested to enquire the atter based on the assignment files for the old and new pattas and to co m whether the land of Mr. Madivi Venkappa and others is submerged o not and also confirm to whom the compensation is to be paid and till th the compensation amount u'il[ be deposited in the revenue deposit I2. Another letter Rc.No.B/S12 8 dated 08.03.2010 was addressed on the same lines by the Special Depu Collector (LA), RDLIS & ISRLIS, Palvoncha to the Special Collector (L ), Indira Sagar polavaram (Project) to keep the compensation amount of ur (4) persons in respect of the land r LZ BVRJ admeasuring Acs. 18-03 guntas in abeyance. The statement showing C] assignee wise details annexed to the letter dated 08.03.2010 further discloses names of Ms. Kursam Dirya Vani at Serial No.l0, Kursam Muthamma at Serial No.31, and Kursam Laxmi at Serial No.32, showing them under column No.2 as enjoyers / pattadars in respect of the lands admeasuring Acs.5-00 in Survey Nos.63 1/2/3, Acs.3-03 guntas in Survey Nos.63 1/2/3, and Acs.5-00 in Survey Nos.631/2/3, 63Ll6l1 and 63116/2 and showing such lands in column No.9 under the caption 'dispute.'

13. l'he Tahsildar, Aswaraopeta Mandal by the letter dated

26.03.2010 reported to the Project Officer, ITDA, Bhadrachalam, the Special Deputy Collector, RDLIS, Palvoncha, stating as under " .. the Project Officer, LT.D.A, Bhadrachalam has lorwarded an application submitted by Sri Madivi venkappq Madivi Rajulu and madivi Mangaiah. After examine the application, it is noticed that, Government land in Sy.No.631 of Tirumalakunta Revenue Village was assigned to tribals and in which construction works of lndira Sagar Rudramkota Lift Irrigation Scheme reservoir are gotng on assigned lands. The dispute is arose behveen Sri Madivi Venkappa and Kursam Rajulu on getting compensation of loosing assigned land in Sy. No.631 for reservoir. After conduct of enquiry of the neighbouring farmers of disputed land, it is noticed that the said ladn is under the possession of Sri Madivr Venkappa ^ his lamily members since 20 years and Sri Madivi Venkappa and his 13 w.P. No.l7J4 0r20t0 n B.\TCH brothers Madivi Rajulu and divi Mangaiah have made assignment and they obtained p for the sard lands. .. .. " ar passbooks and title deeds The letter further shows that Kurs Laxmi, Kursam Dirya Vani and Kursam Veenaju belong to the same mily and the fourth member is their relative and she is resident of Upperu Village of Kukkumru Mandal and not residing in Tirumalakunta Village Kursam Dirya Vani and Kursam Veenaju are not yet married; Kursa Laxmi, Kursam Dirya Vani and Kursam Veerraju are farnily members f Kursam Raju. Kursam Laxmi is wife of Kursam Rajulu, and Kursam ilya Vani and Kursam Veerra..;u are children of Kursam Rajulu and they re made assignment in the fourth phase Land Distribution Programme uring 2008. Mr. Kursam Rajulu intentionally wrote names of his ily members in the Survey Sub- Division record of the land acquired fo constnrction of reservo1r

14. By considering the afo said reports, the Special Deputy Collector (LA), RDLIS & ISRL Palvancha, passed order in Rc.No. B/8 1 2i08 dated 13. 12.20 I I by oting that the Tahsildar by the lener Rc.No.B/183/20 1 0 dated 26.03.2010 confirmed ownership of Madivi Venkappa and two others as pattad and eligible for paftas and issued resurnption proceedings and that they re entitled for payment of exgratia l l4 BVR,' q P No.rlJr5 0rr0r0 & BATCH equivalent to the package deal payable for patta [ands acquired under a;' ISRLIS. Forrn - CC dated 22.12.201 I shows payment of Rs. 12,93,750/- (Rupees twelve lakhs ninety three thousand seven hundred and fifty only) to Madivi Venkatesh and two others which was duly received and Panchanama, dated 23.12.201 1. conducted by taking. over possession of the lands from Madivi Venkatesh, Madivi Seethamma and Madivi Mangaiah

15. Thus, as discussed above, enquiry was duly conducted by the authorities concemed when a dispute was raised regarding illegal change of revenue entries and illegal assignment pattas were issuetl to the petitioners herein. The petitioners have not chosen to disclose these proccedings in the writ petitions. In any case, the petitioners have not chosen to challenge these proceedings also. The authorities have conducted detailed enquiry with regard to actual ownership and possession of the subject lands. It was found that Madivi Venkappa and two others were in possession of the subject lands. As noted in the preceding paragraphs, the petitioners belong to same family and the fourth member is a relative to them and she is resident of Upperu Village of Kukkunur Mandal and not residing in Thirumalakunta Village and that Mr. Kursam Rajuly intentionally wrote his family members names in Survey Sub-Division record ol the land acquired for construction of Reservoir and the same was pointed in the proceedings discussed above. The petitioners have not hled an1' reply affidavit I I I l w n rebutting suoh allegations. Even in e oral submissions, learned counsel l5 w.P. No.l7r,l5 or2010 d.6rTcH for the petitioners did not counter suo pleadings raised by the respondents in the counter affidavit that the petitio rs bolonging to samg familY. The authorities having conducted detailed uiry, based on such sub-divrston revenue records concluded that M ivi Venkappa and others are ln possession of the subject lands and th were, in fact, pattadars and further possession of the subject lands was taken over from them. Thus, the judgment in Vajja Shantamma's ca (Supra 1) is not applicable to the facts of the present case. In the said udgment, the only disPute was that the petitioners / assignees therein w alleged to be not in possession of the subject property therein, but the was no private party rival claim. The dispute herein is rival claim reg ing ownership of the subject lands. Thus, this Court does not find anY me t in these writ petitions and the same are hable to be dismissed

16. Therefore, these writ Peti ons are dismissed. No order as to As a sequel thereto, miscellan ous applications, if any, pending in the writ petition stand closed. //TRUE CO Yil A SD/. C.DEEPIKA TANT REGISTRAR A s SECTION OFFICER To, '1 . One CC to SRI R.R.KALYAN' Advoca 2. Two CCs to GP FOR LAND ACQUI Telangana at HYderabad [OUT] loPUCl lTlON, High Court for the State of

3. Two CD CoPies BSR M- HIGH COURT DATED: 1110812025 CC TODAY IrlE S t4 ( 'c() \ * 2 il AUs z0u5 ,SFAT * COMMON JUDGMENT WP.Nos.17345,17715 AND 17776 of 2010 DISMISSING ALL THE WRIT PETITIONS, WITHOUT COSTS b 1 w