The judgment emphasizes the importance of adhering to principles of natural justice and providing a reasonable opportunity for the parties to present their case.

ORDER :

Heard the learned Senior Counsel Mr. S. Srinivas Reddy, appearing on behalf of the Petitioners and learned Assistant Government Pleader for Assignment appearing on behalf of the Respondents.

2. The petitioners have approached the Court, seeking the following relief:

“To issue a writ more in the nature of writ of Mandamus declaring the action of the 2nd respondent in issuing Memo in R.c.No.E3/3134/2014, dated 30.10.2015 and order in R.C.No.E3/3134/2014, dated 30.10.2015 refusing to hand over Ac.04.07 Guntas of land from out of Ac.05.00 Guntas of land belonging to us situated in Sy.No.262/1, Sarapaka Village, Burgumphad Mandal, Badradri-Kothagudam District (Khammam District), Telangana as arbitrary, illegal, unjust, without jurisdiction, violative of the Fundamental and Constitutional rights guaranteed to us under the Constitution of India, violative of principle of natural justice as well as contrary to the directions issued by this Hon’ble Court in its Judgment dated 28.10.2014 in W.P.No.20239 of 2012, W.P.No.6316 of 2010 and C.C.No.859 of 2013 and issue a consequential direction to forthwith handover the aforesaid land admeasuring Ac.04.07 Guntas of land from out of Ac.05.00 Guntas belonging to us situated in Sy.No.262/1, Sarapaka village, Burgumphad Mandal, Badradri-Kothagudam District (Khammam District), Telangana.”

PERUSED THE RECORD :

3. Copy of the order in Rc.No.E3/3134/2014, dated 30.10.2015, issued by the District Collector, Khammam, reads as under :

“ORDER:

The Hon'ble High court has passed the common orders dated.28.10.14 in WP Nos.20239/2012, 6316/2010 and CC No.859/2013 as follows:

‘The petitioner's company i.e., ITC, PSPD, BPL, Sarapaka was allotted an extent of Acrs.487.07 gts in Sy.No.262 as per GO. Ms.No.1561, Revenue Department dt.26.11.1977, and also it was not clear whether the petitioner in WP No.6316/2010 had any land which is a part of Sy.No.262 and secondly the claim of the said petitioner contradicts the claim of the Government under the Encroachment proceeding taken up by them.' In view of the above observation, the Hon'ble High Court, Hyderabad ordered to set aside the impugned order in W.P.No.20239/2012 and accordingly directed as follows:

1. The District Collector, Khammam (though not a party to this writ petition, a copy of this order is being marked to him for communication and appropriate action) shall take appropriate steps, as directed hereunder and respondents 1 and 2 shall, thereafter, take up further action in accordance with law.

2. The Collector shall direct a superior officer of the Survey and Land Records Department, Telangana, to appoint an officer of the rank of Deputy Director of Survey to conduct survey and demarcate the land alienated to the petitioner company in terms of GO.Ms.No.1561 Revenue Department, dated 26.11.1977.

3. The Deputy Director shall also localize and demarcate the additional land, if any, in possession of the petitioner company.

4. The Deputy Director shall also ascertain and localize as to whether any additional land, if any, is the land belonging to the Government or any private party including the petitioner in W.P. No.6316 of 2010 as per the Revenue record.

5. The determination and demarcation of the land on the directions above, however, shall not amount to determination of title of any of the parties but shall be only a preliminary ascertainment of the prime facie title of the parties to the additional land, if any.

6. Based on the said report, the Collector shall direct the Revenue Divisional Officer, and the Tahsildar to take appropriate action in the matter and to take all necessary steps by duly following the procedure in accordance with law.

7. As and when the survey work is taken up, as per the directions above, all the parties herein shall be duly notified apart from any other person, who will be affected by the survey. The aforesaid exercise shall be completed, preferably, within a period of six (6) months from the date of a copy of this order by the Colle