THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI

ORDER:

This Writ Petition is filed seeking the following relief:

“… to issue writ or direction particularly in the nature of mandamus or any other appropriate writ, A) to declare the action of the respondents in interfering with the possession and enjoyment of the lands of the petitioners admeasuring Ac.0.28 guntas in Sy.No.3/A2, Ac.1.13 guntas in Sy.No.4, Ac.1.02 guntas in Sy.No.5, Ac.0.08 guntas in Sy.No.7/A1, Ac.0.32 guntas in Sy.No.8/A2, Ac.0.15 guntas in Sy.No.9/A2, Ac.1.32 guntas in Sy.No.160, Ac.1.27 guntas in Sy.No.158, Ac.0.12 guntas in Sy.No.44, Ac.0.20 guntas in Sy.No.45 and Acs.2.36 guntas in Sy.No.46 of Pandregupalli village, Mudigonda Mandal, Khammam District as illegal, void, without power and jurisdiction and thereby violating the provisions engrafted to Land Acquisition Act.

B) Consequently, direct the respondents not to interfere with the possession and enjoyment of the aforesaid lands and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case....”

2. Heard Mr. Vishal Maharana, learned counsel representing Mr.V. R.Avula, learned counsel for petitioners, Ms.Dara Haritha Kiran, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 3 and Ms.S.Swathi, learned Assistant Government Pleader for Irrigation and Command Area Development appearing for respondent Nos.4 and 5.

3. It is the case of petitioners that they are the owners and possessors of land for small extents from Ac.0.12 gts. to Acs.2.36 gts., in various survey numbers of Pandregupalli Village, Mudigonda Mandal, Khammam District. That they have title to the subject property and are in possession of the said lands, were issued pattadar pass books and title deeds.

4. It is further the case of petitioners that respondent Nos.4 and 5 (Executive Engineer and Deputy Executive Engineer of Irrigation and Command Area Development) entered into their lands for conducting survey operations on the premise that lands are required for construction of a check dam. Petitioners claim to have made a representation on 01.03.2013.

5. It is submitted by counsel for petitioners that without following due process of law, no lands can be acquired.

6. On the other hand, learned counsel (Assistant Government Pleader) for respondents submitted that Irrigation Department desired to acquire land for construction of Anicut across Munneru River near Pandregupalli Village in public interest. Land acquisition Proceedings were initiated and Notification under Section 4(1) of the Land Acquisition Act, 1894 (for short “the Land Acquisition Act”) was issued and subsequently declaration under Section 6 of the Land Acquisition Act was also issued.

7. It is reflected in the counter that lands would be acquired and compensation would be paid before taking possession of lands, that due procedure under the Land Acquisition Act was followed and officers submitted a requisition to the District Collector to acquire lands as per law.

8. Heard learned counsels, perused the record, considered the rival submissions.

9. Petitioners are all owners of small extents of lands in various survey numbers in Pandregupalli Village, Mudigonda Mandal of Khammam District. It is not in dispute that certain officials pertaining to the Revenue Department and Irrigation Department entered into the lands of petitioners for surveying the land.

10. On perusal of the counter affidavit of Executive Engineer, it is observed that notification under Section 4(1) of the Land Acquisition Act was issued and declaration under Section 6 of the Land Acquisition Act was also issued in respect of certain lands, for the purpose of construction of Anicut across Munneru river and that the subject lands of the petitioners were also covered by the notification.

11. In paragraph Nos.5 to 8 of counter affidavit it is averred that lands would be acquired as per the provisions of the Land Acquisition Act and compensation would be