Ensuring adherence to acquisition procedures is critical for validating property claims, especially when compensation has been paid.

ORDER:

This writ petition is filed with the following prayer:

“to issue writ or direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondent Nos.2 to 4 illegally executed sale deed as per petitioner sale deed vide Doc.No.4757/2016 and patta pass books in favour of the Respondent No 7 instead of petitioners name without following due process of law as highly illegal arbitrary unjust unconstitutional and violation of principles of natural justice and also in violation of Articles 14, 21 and Article 300-A of the Constitution of India and consequently to direct the Respondent Nos.2 to 4 make enquiry into the matter as per sale deed and delete the name of Respondent No 7 after due enquiry and confirm petitioner title and possession as per sale deed and issue the New patta pass book in favour of the petitioner land admeasuring Ac.0-35 guntas in Survey Nos.15/U, Ac.0-35 guntas in Survey No.15/UU and Survey No.15/EE Ac.0-25, total Ac 215 guntas situated at Marepally Village Thimmajipeta Mandal, Nagarkurnool District by virtue of registered sale deed vide Doc.No.4757 of 2016, dated 23 09 2016 pending disposal of the above writ petition”

2. Heard learned counsel for the petitioner, learned counsel for the un-official respondents and learned Assistant Government Pleader for Revenue appearing on behalf of respondent Nos.1 to 4.

3. When the matter is taken up for consideration, learned counsel for the petitioner submits that the petitioner has initiated civil proceedings vide O.S.No.230 of 2017 on the file of learned Junior Civil Judge, Nagarkurnool. It is further submitted that the petitioner is the bonafide purchaser and is in possession of property located in Survey No.15/U admeasuring Ac.0-35 guntas, Survey No.15/UU admeasuring Ac.0-35 guntas and Survey No.15/EE admeasuring Ac.0-25 guntas situated at Marepally Village, Timmajipeta Mandal, Nagarkurnool District, by virtue of a registered sale deed dearing document No.4757 of 2016, dated 23.09.2016, and accordingly had approached the official respondent - Revenue Divisional Officer for mutation proceedings. However, vide, the impugned proceedings, the respondent No.3, through letter No.M/2614/2019, dated 13.11.2019, and addressed a communication to respondent No.4, directing deletion of the names of legal heirs of Smt.Shoba Rani, W/o.Shankaraiah, from the records of Survey No.15. It was stated therein that the subject land had already been acquired under Kalvakurthy Lift Irrigation Scheme (for short "KLIS"), and that compensation had been received by Smt. Shoba Rani from her father-in-law, late Thirupathaih, on 01.06.2007 under proper acknowledgement. It is further submitted that the very question arises as to whether the said letter dated 13.11.2019, purportedly based on the acts of Smt. Shoba Rani, can be sustained in the eye of law, in as much as there is nothing to record to establish that Smt. Shoba Rani was ever vested with lawful authority to receive compensation in respect of the land which had already been gifted by late Thirupathaiah in favor of his granddaughters. Though Smt. Shoba Rani was the daughter-in-law and mother of the minor children, she did not possession legal capacity to alienate or to receive compensation with respect to subject property. The petitioner, after verifying the legal title of the original owners, purchased the subject property through a registered sale deed and thereafter filed necessary applications before the revenue authorities seeking mutation of his name in the revenue records. However, the official respondents, without considering the petitioner's request or affording him an opportunity of hea