Since common questions of law and fact arise for consideration in these two writ petitions, they are being disposed of by this common order. For the purpose of convenience, the facts as narrated in W.P.

No. 21779 of 1997 are stated briefly, as under:

2. According to the petitioners, S.Nos. 36 and 37 measuring Ac.280-00 guntas and Ac.378-17 guntas of Gopanpalli village were Jagir lands. Since Jagir period, different persons were in possession of the said lands and after abolition of 'Jagirs', the same were reflected as pattas in the Khasra Pahani for the year 1954-55, which was prepared under Section 4(2) of the A.P. (Telangana Area) Record of Rights in Land Regulation 1358 F. Subsequently, the pattadars had alienated the lands to the petitioners under registered sale deeds, as per Annexure-II. Since the date of purchase, the petitioners are in possession of the lands purchased by them. The total area of S.No.36 is Ac.280-00 and the patta was granted to an extent of Ac.44-00. Likewise, the total area of S.No. 37 is Ac.378-17 guntas, for which patta was granted to an extent of Ac.46-00. Further, in the Khasra Pahani, the Survey Numbers and the extents therein were also mentioned. While so, the Government, without mentioning the sub-numbers given to the pattas and without identifying the area belonging to the Government, leased out the area admeasuring Ac.70-00 in S.Nos.36 and 37 to different persons for establishing stone metal crushing units.

3. While the matter stood thus, some persons, claiming themselves as Contractors, have engaged labourers for developing the land in S.Nos.36 and 37 into housing plots and they wanted to divide the lands held by the petitioners into housing plots. The petitioners objected for the same and on enquiry they came to know that the Government has reserved and allotted the land in S.Nos. 36 and 37 of Gopanpally village for housing purpose for construction of N.G.O. Homes at Headquarters. The petitioners could secure copies of the relevant G.Os., namely, G.O.Ms. No.589 dated 10.7.1991 and G.O.Ms.No.850 dated 24.9.1991, issued by the Government of A.P. Revenue (Assignment-III) Department. On perusal of G.O.Ms.No.580 dated 10.7.1991 it is found that the Government in consultation with the Commissioner of Land Revenue, A.P. Hyderabad and the Collector, Rangareddy District, has reserved 400 acres in S.Nos. 36 and 37 of Gopanpally village in Rangareddy District, as identified by the Collector, for providing house sites to the Government employees, working in twin cities etc. Further, on perusal of G.O.Ms.No.850 dated 24.9.1991, it is found that respondent No.1 instead of reserving 400 acres in S.Nos. 36 and 37 of Gopanpally village as identified by the District Collector, Rangareddy District, has reserved 477 acres in S.Nos. 36 and 37 of Gopanpally village for house sites to the Government employees, as detailed below:

(i) 427 acres ... For provision of house sites to the Government employees working in twin cities as well as to those working in adjoining districts and those who are being posted in the city on transfer.

(ii) 50 acres .. .For providing housing for Government employees working Hyderabad and Rangareddy Districts.

4. Thus, after deducting 70 acres and 100 acres of land from out of the area in S.No.36/AA and 37/A, the remaining area will be only Ac.408-17 guntas. Thus, the area which remained in S.Nos. 36 and 37 is 35 only Ac.408-70 guntas. The Government, while issuing G.O.Ms.No.850 dated 4.9.1991, did not mention the area in each survey number for reserving the same for house sites to the Government employees and did not even give the sub-numbers of S.Nos. 36 and 37, which are being treated as Government lands, but only mentioned as 477 acres in S.Nos. 36 and 37 of Gopanpally village', even though the sub-numbers are existing in the revenue records. In view of the above defect and legal flaw committed by respondent No.1 while issuing GD.Ms. No.850 Revenue (Asn.III) Department dated 24.9.199