M VENKANNA Vs. DISTRICT COLLECTOR LAND ACQUISITION KHAMMAM

JUDGEMENT

(1.) In this writ petition, Proc.L.Dis."No.Bl/41/96 dated 23-1-1996 issued by the first respondent refusing to reconvey the lands of the petitioner which were acquired for the purpose of construction of buildings and canals of Nagarjuna Sagar Project stating that the lands will be useful to Government for public purposes are assailed.

(2.) This Court while admitting the writ petition on 27-3-1996 ordered notice. After notice, the matter came up before me on 21-6-1996. Having heard the arguments on both the sides and having noticed that the Government ordered reconveyance of certain lands in its Memo No.49038/N.S.P.I(2)/91-5 dated 10-3-1995 including the lands belonging to petitioner. I directed the first respondent to be present in the Court along with the concerned files on 8-7-1996 to justify the issuance of the impugned Memo. The first respondent while coming to the Court seemed to have summoned the Superintending Engineer to his office on 7-7-1996 and seemed to have obtained a letter then and there stating that the lands are likely to be needed by the Irrigation Department. The letter is in the form of manuscript and it does not form part of either any note file or current file. In the words of the Superintending Engineer, the requirement of the lands is as hereunder;

(3.) Having noticed the adamant attitude of the. District Collector (Land Acquisition), Khammam, the first respondent herein in reconveying the lands, inspite of the orders of the Government and in trying to build up a fake necessity that the lands are required for public purposes, I directed him to file a detailed counter affidavit in this case. Accordingly, on 16-7-1996, the first respondent filed a counter. The fact that the Government issued instructions and a direction was given by him to the Mandal Revenue Officer are admitted by him in the following words :