- (1.) This Writ Petition is filed for a Mandamus to declare the inaction of respondent Nos.1 to 4 in giving effect to Memo bearing No.38583/UC.II(3)/05-2, dated 15.07.2008 and proceedings No.E2/1797/05, dated 12.03.2010, of respondent Nos.1 and 2, respectively, as illegal and arbitrary.
(2.) The petitioners pleaded that they are the owners of certain lands in Survey No.869 of Waddepally Village, Hanmakonda Mandal, Warangal District. They also stated that respondent Nos.6 to 8 are the owners of Ac.0.30 1/2 guntas of land forming part of the same Survey number. It is the further pleaded case of the petitioners that their lands as well as the lands of respondent Nos.6 to 8 were taken over for allotment of house sites to surrendered extremists under the mistaken impression that the said lands were still remaining with the declarant under the Urban Land (Ceiling and Regulation) Act, 1976 without proper verification of the fact that the same were purchased by the petitioners and respondent Nos.6 to 8 before the commencement of the said Act. When the petitioners and respondent Nos.6 to 8 have made their representations, respondent No.1 has issued Memo No.38583/UC.II(3)/05-2, dated 15.07.2008, wherein it has referred to the Collector's report, dated 10.04.2008, to the effect that the extent of 2,316 square meters of land in Survey No.869 of Wadepally Village was erroneously taken possession treating the same as surplus land and most of the said land was allotted to the surrendered extremists and the remaining land is covered by the roads. The Collector has also reported that the Government land in Survey Nos.23 and 27 of Khajipet was available and that the land owners are agreeable for accepting the same in lieu of taking over of their lands. Accordingly, the Government directed the Collector to allot alternative land to an extent of 2,316 square meters in favour of petitioner No.1, respondent Nos.6 to 8 and one Routhu Rajeshwar Rao, who has since died and petitioner Nos.2 and 3 are his legal heirs. Following the said memo, respondent No.2 has issued proceedings No.E2/1797/05, dated 12.03.2010, directing respondent No.4 to take necessary action for cancellation of allotment made in favour of Kakatiya Urban Development Authority to the extent of Ac.0.23 guntas of land and hand over the same to the petitioners and respondent Nos.6 to 8. As no further action was taken on the aforesaid proceedings of respondent No.1 and 2, the petitioners filed this Writ Petition.
(3.) When this case came up before this Court on 07.08.2013, this Court while taking note of the submission made by the learned Assistant Government Pleader for Revenue (Assignments) that as the land admeasuring Ac.0.23 guntas allotted to the land owners was found falling under the Full Tank Level (FTL) of a tank, the respondents could not handover the said land, directed respondent No.4 to file a counter-affidavit as to what measures he is proposing to take to redress the grievance of the petitioners either by allotting alternative land or by payment of compensation as per the market value.;