( 1 ) IN this writ petition, Proc. L. Dis. "no. Bl/41/96 dated 23-1-1996 issued by the first respondent refusing to reconvey the lands of the petitioner which were acquired for the purpose of construction of buildings and canals of Nagarjuna Sagar Project stating that the lands will be useful to Government for public purposes are assailed.

( 2 ) THIS Court while admitting the writ petition on 27-3-1996 ordered notice. After notice, the matter came up before me on 21-6-1996. Having heard the arguments on both the sides and having noticed that the Government ordered reconveyance of certain lands in its Memo No. 49038/n. S. P. I (2)/91-5 dated 10-3-1995 including the lands belonging to petitioner. I directed the first respondent to be present in the Court along with the concerned files on 8-7-1996 to justify the issuance of the impugned Memo. The first respondent while coming to the Court seemed to have summoned the Superintending Engineer to his office on 7-7-1996 and seemed to have obtained a letter then and there stating that the lands are likely to be needed by the Irrigation Department. The letter is in the form of manuscript and it does not form part of either any note file or current file. In the words of the Superintending Engineer, the requirement of the lands is as hereunder;"the lands can be utilised by the Irrigation Department whenever needed during the maintenance of the canal system and at times of natural calamities. "

( 3 ) HAVING noticed the adamant attitude of the. District Collector (Land Acquisition), Khammam, the first respondent herein in reconveying the lands, inspite of the orders of the Government and in trying to build up a fake necessity that the lands are required for public purposes, I directed him to file a detailed counter affidavit in this case. Accordingly, on 16-7-1996, the first respondent filed a counter. The fact that the Government issued instructions and a direction was given by him to the Mandal Revenue Officer are admitted by him in the following words :"the Government in their Memo No. 17915/nsp-I (2)/93-12 I and CAD (PW) Department, dated 27-7-1994 have informed to collect the rate of interest @ 12% per annum from the original land owners from whom the lands are reconveyed. "

( 4 ) THE letter of Collector Rc. No. Bl/ 1901/93 dated 6-8-1994 was issued while communicating the Government Memo No. l7915/nsp-I (2)/93-12 I and CAD (PW) Department, dated 27-7-1994 and the Mandal" Revenue Officer, Khammam (U)/khammam (R) in the District were requested to collect the interest from the original land owners whose lands were decided and ordered to be reconveyed and credit the amount to the Head of account as. indicated in the Government memo.

( 5 ) IT is the specific case of the petitioner that pursuant to the above orders, as per the directions of the Mandal Revenue Officer, he paid an amount of Rs. 7,423. 00 including the interest of 12% vide challan No. 86 in the Government Treasury on 4-5-1995 and thereafter, he went on making representations to reconvey the lands to him. But surprisingly, the first respondent on 23-1-1996 issued the impugned memo.

( 6 ) IN the counter, the first respondent while admitting the fact that the Government has taken a decision to reconvey the lands that were acquired for construction of buildings and canals for Nagarjuna Sagar Project in Burhanpuram Village tried to justify his action by contending that the instructions of the Government are applicable to the lands that were already reconveyed and they are not applicable to the lands which are not yet reconveyed. It is useful to extract his own words, "this does not apply to lands which are not reconveyed. He also justifies his action by stating that the Irrigation Department itself requires the lands for excavation of earth for strengthening of canals. He further stated that the Government Memo dated 27-7-1994 wherein a decision was taken to collect interest at 12% per annum is applicable for the