M NARASIMHA REDDY Vs. SUPERINTENDENT ENGINEER IRRIGATION

JUDGEMENT

(1.) The petitioner, who are three in number, filed this Writ Petition. Their case is that they are owners of Ac. 25.04 guntas of land in Survey Nos. 207 and 208 of Sripathipalli village, Warangal District. Originally, these lands are joint family property of one Sri M. Mohan Reddy and Sri M. Narayana Reddy, who were brothers. 1st and 2nd petitioners herein are the sons of the said Mohan Reddy and the 3rd petitioner herein is the son of the said Narayana Reddy. Their further case is that there was a family partition in the year 1983 and they were allotted the said lands in that partition, which, of course, was oral. Thereafter, the petitioners intimated the concerned revenue authorities to mutate the properties fell to their respective shares in their names in the revenue records. Acting upon the same, the revenue authorities mutated their names in all the concerned records in the year 1983 itself. Ever since the petitioners are in peaceful possession and enjoyment of the said lands.

(2.) While so, in October, 1998 the 1st respondent herein informed them that the said land is also required for the purpose of construction of a percolation tank in the village and took possession of the same assuring that necessary land acquisition proceedings would be initiated and compensation paid in due course. However, no steps were taken thereafter by the respondents for payment of compensation. Hence, they filed the present Writ Petition.

(3.) The Writ Petition was admitted on 29-12-1998. While admitting the Writ Petition, this Court also granted interim orders in W.P.M.P.No. 43601/98 directing the respondents not to make any constructions in the aforesaid lands of the petitioners without following the procedure provided under law. The petitioners claim that subsequently they again took possession of the lands and they are in their possession and enjoyment now.