THE HON’BLE SRI JUSTICE T. VINOD KUMAR WP. No. 27325 of 2007

O R D E R

This Writ Petition was initially filed with the following prayer:

“…issue a Writ, order or direction, one more particularly in the nature of Writ of Mandamus to issue a Writ of Mandamus or any other appropriate writ order or direction declaring the action of the respondents in assigning and allotting the land belonging to the petitioners bearing survey Nos.850/aa, 851/a, 854, 855/a, 860/aa & 861/aa (corresponding to old Sy.Nos.683/2, 683/3, 683/4 & 683/5) in total admeasuring Acres 33.00 guntas situated at Mudakapally Village, Nizamabad Mandal and District to various other persons as being illegal, arbitrary, unconstitutional and consequently direct the respondents to cancel the said allotment/assignment made in favour of third parties in respect of the land belonging to the petitions and forthwith direct the respondents to restore and handover the physical possession of the lands bearing survey numbers 850/aa, 851/a, 854, 855/a, 860/aa & 861/aa(corresponding to old Sy.Nos.683/2, 683/3, 683/4 & 683/5) in total admeasuring Acres 33.00 guntas situated at Mudakapally Village, Nizamabad Mandal & District and pass…..”

2. During the pendency of the writ petition, the aforesaid prayer in the writ petition was amended as per the Court order dt.20.04.2021 in IA.Nos.1 & 2 of 2021, and thus, the prayer in the writ petition now reads as under:

“…to issue an appropriate direction/order/writ, more particular a Writ of Mandamus (i) declaring the action of the respondents in assigning and allotting the land belonging to the petitioners bearing 850/aa, 851/a, 854, 855/a, 860/aa & 861/aa, corresponding to old Sy.Nos.683/2, 683/3, 683/4 & 683/5, in total admeasuring Acres 33.00 guntas situated at Mudakapally Village, Nizamabad Mandal and District, to various other persons as being illegal, arbitrary, unconstitutional and set aside the same; and (ii) consequently direct the respondent to forthwith direct the initiation of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, proceeding by awarding just and fair compensation to the petitioners or in the alternative direct the respondents to allocate alternate equivalent land to the petitioners of the same value in all respects and pass such other order….”

3. Heard learned counsel for the petitioners, learned Government Pleader for Assignment appearing on behalf of respondents and perused the record.

4. The case of the petitioners, in brief, is that in respect of land in Survey Nos.850/aa, 851/a, 854, 855/a, 860/aa & 861/aa (corresponding to old Sy.Nos.683/2, 683/3, 683/4 & 683/5) in total admeasuring Acres 99.00 guntas situated at Mudakapally Village, Nizamabad Mandal and District, one S.R.Parekh, R/o Selu Village, Parbhani District, Maharashtra State, was the pattadar and possessor; that the said S.R.Parekh intending to alienate the entire extent of land, had approached the then Tahsildar, Nizamabad and sought permission for permanent alienation of the said extent of lands; that the Tahsildar vide Proceedings No.3/3991/1963, dt.14.06.1963 had granted permission to alienate the said land in favour of i) N.Ganga Reddy,S/o Chinna Reddy, ii) Shyamsunder Reddy, S/o Ganga Reddy, and iii) Smt Lachmi Bai W/o Gangi Reddy, all R/o Mudakpally Village; that pursuant to the aforesaid permission granted by the Tahsildar, the said S.R. Parekh alienated the entire area of Acres 99.00 guntas in favour of the above mentioned three persons to an extent of Acres 33.00 guntas each by way of registered Sale Deed, dt.02.12.1963, and put the said three persons in possession.

5. It is the further case of the petitioners that on the said three persons purchasing the land of an extent of Acres 33.00 guntas each, their names were mutated in the revenue records and were in possession and enjoyment of the said land.

6. It is the further case of the petitioners that on conducting resurvey of the lands by the Gov