IMPORTANT POINT
The court emphasized that land acquisition must follow due process, and failure to do so renders the acquisition invalid, protecting the property rights of individuals.

ORDER :

1. Heard learned Senior Designate Counsel Sri S.Srinivas Reddy, appearing on behalf of the petitioner, and the learned Government Pleader appearing on behalf of the respondent No. 1 to 5 and Sri P.Ramakrishna, learned counsel appearing on behalf of unofficial respondent Nos.6 to 8.

2. The petitioners approached the Court seeking the prayer as under:

“to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the land acquisition proceedings, if any, said to have been initiated against part of the land admeasuring Acres 15-84 Cents in Survey Nos. 435 and 436 situated Kaukuntla at Village, Devarakadra Mandal, Mahabubnagar District belonging to the petitioners, as void and lapsed, contrary to law and further declaring the action of the respondents in seeking to dispossess the petitioners from the said land, as highhanded, arbitrary, illegal, unjust, malafide, without jurisidction, violative of the Fundamental and Constitutional Rights guaranteed to us under the Constitution of India as well as in violation of principles of natural justice and consequently direct the Respondents not to interfere with our peaceful possession and enjoyment over the aforesaid extent of land and pass such other order or orders as are deemed fit and proper in the circumstances of the case and pass.”

3. PERUSED THE RECORD.

(A) The counter affidavit filed by respondent Nos.1 to 5, in particular, paras 3 and 5, read as under:

“3. In reply to Paras 2 to 4 of the affidavit, it is humbly submitted that, as per the Khasra Pahani 1954-55 the lands bearing Sy. No. s 435 & 436 of Koukuntla (V) of Devarakadra (M) stands Patta in the name of Sri. Raja Rameshwar Rao. As per the 1979 Old ROR of Koukuntla (V), Devarakadra (M), the writ petitioners /their predecessors were having the land as detailed below.

(1) Sri. Santhamgari Hanmi Reddy S/o Sri. Thimma Reddy had an extent of Ac. (5-20) Gts in Sy. No. 435/AA, 2) Sri. Santhamgari Pedda Kondanna & Sri. Chinna Kondanna both S/o Sri. Sunkappa and Sri. Pedda Venkat Reddy & Sri. Chinna Venkat Reddy both S/o Sri. Laxmaiah have an extent of Ac. (1-36) Gts & Ac. (3-24) Gts in Sy. No. 435/E & 436/A, respectively and 3) Sri. Santhamgari Chinna Reddy S/o Shanker Reddy had an extent of Ac. (2-31) Gts in Sy. No. 436/AA, Koukuntla (V), Devarakadra Mandal.

Out of the above lands, the Government has acquired an extent of Ac. (04- 00) Gts in Sy. No. 435/AA, Ac. (1-36) Gts in Sy. No. 435/E, Ac. (3-24) Gts in Sy No. 436/A and an extent of Ac. (3-14) Cents in Sy. No. 436/AA to an total extent of Ac. (12-64) Cents, Koukuntla (V), Devarakadra (M) for providing house sites to the needy weaker section people of Koukuntla (V), Devarakadra (M) vide the Tahsildar, Atmakur file No. D2/3006/1984 and the writ petitioners / their predecessors had received the payment of compensation vide the Land Acquisition Officer & Tahsildar, Atmakur Form C No. D2/3006/1984, Dt: -06-1985. Since then the above lands are vested in Government and the same were allotted to (206) beneficiaries of Koukuntla (V), Devarakadra (M). Therefore the contention of the writ petitioners that they continued possession over the suit lands is not correct and not supported by any documentary evidence. The writ petitioner No. 1 & 2, only having an extent of Ac. (0-30) Gts each (i.e.) total to an extent of Ac. (01-20) Gts in Sy. No. 435/AA and the remaining suit land has been acquired by the Government long back and they are not in possession and enjoyment over suit land. Further, it is submitted that, the details of acquisition of the above lands were not carried out in the connected Revenue Records by oversight and taking the advantage of the same the writ petitioners herein suppressing the acquisition of their lands with a malafide intention affected the mutation to grab the land which belonged to the Government.

5. It is submitted that, the above suit lands, except Ac. (1-20) Gts in Sy. No. 435/AA have been acquired by the