Telangana High Court
Sri Kursum Divya Vani vs The Sub Collector on 11 August, 2025
Author: B. Vijaysen Reddy
Bench: B. Vijaysen Reddy
HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION Nos.17345, 17715 AND 17776 OF 2010
COMMON JUDGMENT :
Grievance of the petitioners in these writ petitions is that the Government having acquired their lands admeasuring Acs.5-00 guntas each in Survey Nos.631/49, 631/46 and 631/48, respectively, situated at Thogudem Village, Aswaraopet Mandal, Khammam District, has not paid compensation.
2. Since the common issue involved in all these writ petitions, they are being disposed of by this common judgment.
3. Facts in W.P. No.17345 of 2010, which is the leading case, are referred to for disposal of these writ petitions.
4.1. It is stated that the petitioner viz., Mrs. Kursum Muthamma, wife of Mr. K. Krishna, was assigned Acs.5-00 of land in Survey No.631/49 situated at Thogudem Village, Aswaraopeta Mandal, Khammam District, under landless poor quota. The petitioner had been in physical possession and enjoyment of the subject land for the past more than fifteen (15) years. She had been cultivating the land by raising seasonal crops. She belongs to the Schedule Tribe (Koya Caste) community. She was 2 BVRJ W.P. No.17345 of 2010 & BATCH issued pattadar pass book under the provisions of the ROR Act. The Mandal Surveyor conducted enjoyment survey and the Mandal Revenue Inspector prepared the list of beneficiaries. As per the beneficiaries list, the Government has issued pattadar pass book in favour of the petitioner in 2008.
4.2. It is stated that the subject land belonging to the petitioner was acquired under the Indira Sagar Project for construction of Bandarugumpu New Water Tank. The petitioner approached respondent Nos.1 to 3 several times requesting for payment of compensation, but they have not paid. Hence, the petitioner was constrained to approach this Court.
5.1. Respondent Nos.1 to 3 filed counter affidavit contending that the then Executive Engineer, Dummugudem Project Division - II, Aswaraopeta of erstwhile Khammam District has submitted L.P. Schedules for acquisition of the land admeasuring Acs.197-04 guntas in Thirumalakunta Revenue Village of Aswaraopeta Mandal, Bhadradri Kothagudem District, for formation of New Tank at Bandarugdem under Indira Sagar Rudramkota Lift Irrigation Scheme (ISRLIS). The requisition proposals have been sent to the Assistant Director, Survey & Land Records, Khammam District, for conducting survey and to prepare the scrutinised records in respect of Acs.196.14 guntas of Government land 3 BVRJ W.P. No.17345 of 2010 & BATCH and assigned land. The Assistant Director, Survey & Land Records, Khammam District conducted survey, prepared Sub-Division records along with enjoyment list and submitted records to the office of the Special Deputy Collector & Land Acquisition RDLIS & ISRLIS, Palvancha, vide Letter Rc.No.A5/615/2008 dated 30.08.2008.
5.2. As per the sub-division record and enjoyment list, for an extent of Acs.4-34 guntas of patta land, proposals under Section 4(1) and draft declaration under the Land Acquisition Act 1894 have been submitted to the Special Collector, Indira Sagar Project Polavaram, Khmmam, vide Office Letter No.B1/38/2008, dated 06.12.2008, which was published in the District Gazette No.195/2008 dated 15.12.2008 (Draft Notification) and the Gazette No.196/2008 dated 16.12.2008 (Draft Declaration) and also published in the newspapers. It is stated that the respondents' authorities have published the same on the notice boards in the offices of Gram Panchayath, Tahsildar, MPDO, Sub-Registrar, District Collector, and the Revenue Divisional Officer, calling for objections from the interested persons.
5.3. Out of the total extent of Acs.196-14 guntas of the required land, an extent of Acs.191-20 guntas is covered by the assigned land and the Government land encroached by the Tribes and Non-Tribes and also 4 BVRJ W.P. No.17345 of 2010 & BATCH covered with road, Vagu, Canal etc. The then Deputy Collector has resumed the lands to an extent of Acs.143-00 guntas and payment was also made to the concerned land losers, who have encroached the Government land, under ISRLIS vide office Letter No.B/812/2008 dated 17.02.2009 and 02.03.2010.
5.4. It is submitted that on perusal of the scrutinised sub-division record report submitted by the Assistant Director, Survey & Land Records, Khammam, the name of the petitioner viz., Kursum Muthamma, wife of Kursum Krishna was found in the report. But, there was a 'land dispute' between one Mr. Madivi Venkappa and others of the same revenue village. The then Special Deputy Collector, Land Acquisition, has addressed a letter to respondent No.3 - the Tahsildar, Aswaraopet Mandal, requesting to submit report as to physical possession of Mrs. Kursum Muthamma, wife of Mr. Kursum Krishna. In the report, the Tahsildar has reported that some other persons viz., Mr. Madivi Venkappa and his family members were cultivating the subject land since twenty (20) years. Finally, it was concluded that the acquired land was under occupation of some other persons viz., Maidvi Venkappa, Madivi Rajulu, Madivi Mangaiah and Potta Shiramamma. Thus, the subject land of the petitioner was not acquired.
5
BVRJ W.P. No.17345 of 2010 & BATCH 5.5. It is stated that the land in Survey No.631 of Thirumalakunta Revenue Village of Aswaraopeta Mandal is consisting of Acs.16592.29 guntas vast area and it is 'Gut' survey number covering with Forest and Government land. The petitioner had assignment patta in respect of the subject land admeasuring Acs.5-00 in Survey No.631/49 situated at Thirumalakunta Revenue Village, Aswaraopeta Mandal of erstwhile Khammam District. While land dispute was going on between Mr. Madivi Venkappa and other persons, Mr. Madivi Venkappa has filed W.P. No.5133 of 2010 before this High Court for payment of compensation to their family members in respect of Acs.5-36 guntas of land in Survey No.631/66, Ac.1-14 guntas of land in Survey No.631/65 and Acs.4-00 guntas in Survey No.631. The said writ petition was disposed of by the order dated 13.08.2010 recording the following undertaking given by the respondents in paragraph No.5 of their counter affidavit for payment of compensation to Mr. Madivi Venkappa and two others:
"In answer to the averments made in paragraph 5 of the petitioner's affidavit, it is submitted that it is not correct to say that the Government did not issue any notice or notification for construction of reservoir and wish to acquire the land in Sy.No.631 coming under the proposed tank is Government land covered by assignment patta, the notification under Section 4 (1) or 6 of the Land Acquisition Act cannot be issued. Further, the names of the petitioners are not found in the enjoyment survey 6 BVRJ W.P. No.17345 of 2010 & BATCH list and therefore, notices could not be served to them to attend the enquiry in the village. On the other hand, the petition of the petitioners was favourably considered by stopping payment of compensation to other parties and referred the matter to the Tahsildar, Aswaraopet for enquiry. Further, as the Tahsildar, Aswaraopet confirmed that the petitioners are in actual possession of the disputed land the payment of compensation will be paid to them only."
5.6. It is submitted that the Special Deputy Collector, Land Acquisition Officer, has passed resumption order vide Rc.No.B/812/2008 dated 13.12.2011 for the land admeasuring Acs.11-10 guntas for construction of Spoil Bank and Staff Quarters in Bandarugudem Hamlet of Thirumalakunta Revenue Village of Aswaraopeta Mandal, and details of the proposed assignees are as under:
Sl. Name of Assignee Sy.No. Extent PPB No. Cheque No. & No. as per Date SR 1 Madivi Venkatesh 631 1-27 272759 131635 S/o. Rajulu 2-13 Dt.22.12.2011 2 Madivi Seethamma 631/65 1-14 272758 131636 W/o Venkappa Dt.22.12.2011 3 Madivi Mangaiah 631/66 5-36 272732 131637 S/o Pentaiah Dt.22.12.2011 5.7. It is submitted that the then Tahsildar, Aswaraopeta has submitted in his report that the subject land does not belong to the petitioner and the same belongs to Mr. Maidvi Venkappa and his family 7 BVRJ W.P. No.17345 of 2010 & BATCH members who were cultivating the same since twenty (20) years, and thus the land of the petitioner was not acquired. That there is no procedural lapse in acquiring the lands in Thirumalakunta Revenue Village of Aswaraopeta Mandal, Bhadradri Kothagudem District for formation of New Tank at Bandarugudem under Indira Sagar Rudramkota Lift Irrigation Scheme (ISRLIS).
6. Heard Mr. R.R. Kalyan, learned counsel for the petitioners, and learned Assistant Government Pleader for Land Acquisition, and perused the material on record.
7. The learned counsel for the petitioners relied on the decision of the erstwhile High Court of Andhra Pradesh in Vajja Shantamma v. State of Andhra Pradesh1. It is further submitted that as per the enjoyment survey vide proceedings in Rc.No.B/13/2008 dated January 2005, the list of beneficiaries was prepared which reflects name of the petitioners in these writ petitions at Serial Nos.45, 42 and 44 in respect of the land admeasuring Acs.5-00 in Survey No.631/49, 631/46 and 631/48. The petitioners were also issued pattadar pass books bearing Patta Nos.1200, 1197 and 1199 respectively.1
2012 (3) ALD 322 8 BVRJ W.P. No.17345 of 2010 & BATCH
8. The learned Assistant Government Pleader for Land Acquisition relied upon the documents filed along with the counter affidavit and submitted that the lands claimed by the petitioners were not in their possession and, in fact, there was dispute with regard to their title and possession and payment of compensation towards the subject lands was kept in abeyance. In W.P. No.5133 of 2010 filed by Mr. Madivi Venkappa and others, order dated 30.08.2010 was passed by this Court recording the averment in the counter affidavit that 'compensation is being paid to the petitioners (Mr. Madivi Venkappa and others).'
9. On perusal of the record, it appears at the request of the Special Deputy Collector, Land Acquisition, RDLIS & ISRLIS, Palvancha, the Assistant Director, Survey & Land Records, Khammam District, submitted scrutinised sub-division records of Bandarugudem, Hamlet of Thirumalakunta Village of Aswaraopeta Mandal, vide Letter Rc.No.A5/83/10 dated 16.02.2010. The Phodi (Sub-Division Plan) shows that out of the total acquired land of Acs.174-00 guntas, the assigned land consists of Acs.169-26 guntas and the Government land consists of Acs.4- 14 guntas. The statement showing sub-division of the record also reflects names of the persons registered as 'Present Enjoyers' in Column No.11. 9
BVRJ W.P. No.17345 of 2010 & BATCH The details of enjoyers / registered holders in respect of Survey No.631/6 for an extent of Acs.13-00 guntas is as under:
Survey area and its Classification according to the Particulars of the proposed area as per the Sub-Division survey Sethwar Number and Names proposed Number of the present survey or sub-division Reasons for ommissions if any on the part of ground and whether Sub-Division have been Area there will be defined boundaries on the Registered holders Name of the present registered holder of or Name of the duly demarkated whether necessary Adjusted extent with ref Col.No.3 Present enjoyer Survey No./Sub-Division No. particulars to sign in Col.(12) Reasons for Sub-Division Acquired Area Acs-Gts Dry/Wet or Poramboke Dry/Wet or Poramboke Survey Area Acs-Gts name of the Pattadar Signature of Parties Assignment Assignment number 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Kursam Muthama 631/6 D 13.03 - Govt DRY 631/6 3.03 - -
W/o Krishna
R land /1
Y Kursam Laxmi
../2 5.00 - - As per file
W/o Rajulu
No.A5/617/08/
../3 5.00 - - Kursam Veerraju B/812/08
S/o Rajulu
10. It appears, a news item was published in the Sakshi and Vartha Telugu Daily Newspapers stating that names of original farmers have been wrongly deleted and attempts are being made to award compensation of Rs.23.00 lakhs (Rupees twenty three lakhs only) to benami holders.
The news report also shows that Mr. Madivi Venkappa, Mr. Madivi Rajulu and Mr. Madivi Mangaiah possessed an extent of Acs.11-10 guntas in Survey Nos.631, 631/5 and 631/66, however, the authorities have shown 10 BVRJ W.P. No.17345 of 2010 & BATCH patta for an extent of Acs.20-00 guntas in the name of four persons belonging to one family and are stealthily trying to pay compensation of Rs.23.00 lakhs to them; the names of original owners have been wrongly deleted; and requested the authorities to conduct necessary enquiry and do justice to them. By the Letter Rc.No.D2/60/2010 dated 04.03.2010, the Special Collector (LA), ISPP, Khammam, addressed to the Special Deputy Collector (LA), RDLIS & ISRLIS, Palvancha, and informed that in the light of the news items being published in Sakshi and Vartha Telugu Daily Newspapers, alleging illegal gratification, Fax Message No.B3/Special/2010 dated 26.02.2010 was addressed to the District Collector, Khammam District, by enclosing representation of Mr. Madivi Venkappa and others along with the news item published in the Sakshi and Vartha Telugu Daily Newspapers.
11. The Special Deputy Collector (LA), RDLIS & ISRLIS, Palvoncha, addressed Letter Rc.No.B/812/2008 dated 04.03.2010 to the Special Collector (LA), Indira Sagar (Polavaram) Project, Khammam District, stating that Mr. Madivi Venkappa, Mr. Madivi Rajulu and Mr. Madivi Mangaiah, are having assignment patta pass books for the land admeasuring Ac.1-14 guntas in Survey No.631/65, Acs.4-00 guntas in Survey No.631 and Acs.5-36 guntas in Survey No.631/66 respectively; the 11 BVRJ W.P. No.17345 of 2010 & BATCH letter also says that patta pass books were also issued for the same land to one Mr. Kursam Veerraju and others irregularly. It is further pointed out that though the lands in Survey Nos.631/65, 631 and 631/66 in the pattadar pass books of Mavidi Venkappa and others and Kursam Veeraju and others are different, it cannot be concluded that the lands are different because sub division work (Podi) was not done for either of the assignments pattas and only nominal sub division number is mentioned; during enquiry, Mr. Maivi Venkappa and others stated that they have cultivated the land for the last ten (10) years and during 2008 patta was issued to Mr. Kursam Veerraju and others; hence, payment of compensation to Kursam Veerraju, Laxmi, Kuram Divya Vani and Muttamma is stopped and the Tahsildar, Aswaraopeta requested to enquire the matter based on the assignment files for the old and new pattas and to confirm whether the land of Mr. Madivi Venkappa and others is submerged or not and also confirm to whom the compensation is to be paid and till then the compensation amount will be deposited in the revenue deposit.
12. Another letter Rc.No.B/812/08 dated 08.03.2010 was addressed on the same lines by the Special Deputy Collector (LA), RDLIS & ISRLIS, Palvoncha to the Special Collector (LA), Indira Sagar polavaram (Project) to keep the compensation amount of four (4) persons in respect of the land 12 BVRJ W.P. No.17345 of 2010 & BATCH admeasuring Acs.18-03 guntas in abeyance. The statement showing assignee wise details annexed to the letter dated 08.03.2010 further discloses names of Ms. Kursam Divya Vani at Serial No.10, Kursam Muthamma at Serial No.31, and Kursam Laxmi at Serial No.32, showing them under column No.2 as enjoyers / pattadars in respect of the lands admeasuring Acs.5-00 in Survey Nos.631/2/3, Acs.3-03 guntas in Survey Nos.631/2/3, and Acs.5-00 in Survey Nos.631/2/3, 631/6/1 and 631/6/2 and showing such lands in column No.9 under the caption 'dispute.'
13. The Tahsildar, Aswaraopeta Mandal by the letter dated 26.03.2010 reported to the Project Officer, ITDA, Bhadrachalam, the Special Deputy Collector, RDLIS, Palvoncha, stating as under:
"... ... the Project Officer, I.T.D.A, Bhadrachalam has forwarded an application submitted by Sri Madivi Venkappa, Madivi Rajulu and madivi Mangaiah. After examine the application, it is noticed that, Government land in Sy.No.631 of Tirumalakunta Revenue Village was assigned to tribals and in which construction works of Indira Sagar Rudramkota Lift Irrigation Scheme reservoir are going on assigned lands. The dispute is arose between Sri Madivi Venkappa and Kursam Rajulu on getting compensation of loosing assigned land in Sy. No.631 for reservoir. After conduct of enquiry of the neighbouring farmers of disputed land, it is noticed that the said ladn is under the possession of Sri Madivi Venkappa ^ his family members since 20 years and Sri Madivi Venkappa and his 13 BVRJ W.P. No.17345 of 2010 & BATCH brothers Madivi Rajulu and Madivi Mangaiah have made assignment and they obtained pattadar passbooks and title deeds for the said lands. ... ... ... "
The letter further shows that Kursam Laxmi, Kursam Divya Vani and Kursam Veerraju belong to the same family and the fourth member is their relative and she is resident of Upperu Village of Kukkunuru Mandal and not residing in Tirumalakunta Village. Kursam Divya Vani and Kursam Veerraju are not yet married; Kursam Laxmi, Kursam Divya Vani and Kursam Veerraju are family members of Kursam Raju. Kursam Laxmi is wife of Kursam Rajulu, and Kursam Divya Vani and Kursam Veerraju are children of Kursam Rajulu and they were made assignment in the fourth phase Land Distribution Programme during 2008. Mr. Kursam Rajulu intentionally wrote names of his family members in the Survey Sub- Division record of the land acquired for construction of reservoir.
14. By considering the aforesaid reports, the Special Deputy Collector (LA), RDLIS & ISRLIS, Palvancha, passed order in Rc.No.B/812/08 dated 13.12.2011 by noting that the Tahsildar by the letter Rc.No.B/183/2010 dated 26.03.2010 has confirmed ownership of Madivi Venkappa and two others as pattadars and eligible for pattas and issued resumption proceedings and that they are entitled for payment of exgratia 14 BVRJ W.P. No.17345 of 2010 & BATCH equivalent to the package deal payable for patta lands acquired under ISRLIS. Form - CC dated 22.12.2011 shows payment of Rs.12,93,750/- (Rupees twelve lakhs ninety three thousand seven hundred and fifty only) to Madivi Venkatesh and two others which was duly received and Panchanama, dated 23.12.2011, conducted by taking over possession of the lands from Madivi Venkatesh, Madivi Seethamma and Madivi Mangaiah.
15. Thus, as discussed above, enquiry was duly conducted by the authorities concerned when a dispute was raised regarding illegal change of revenue entries and illegal assignment pattas were issued to the petitioners herein. The petitioners have not chosen to disclose these proceedings in the writ petitions. In any case, the petitioners have not chosen to challenge these proceedings also. The authorities have conducted detailed enquiry with regard to actual ownership and possession of the subject lands. It was found that Madivi Venkappa and two others were in possession of the subject lands. As noted in the preceding paragraphs, the petitioners belong to same family and the fourth member is a relative to them and she is resident of Upperu Village of Kukkunur Mandal and not residing in Thirumalakunta Village and that Mr. Kursam Rajuly intentionally wrote his family members names in Survey Sub-Division record of the land acquired for construction of Reservoir and the same was pointed in the proceedings discussed above. The petitioners have not filed any reply affidavit 15 BVRJ W.P. No.17345 of 2010 & BATCH rebutting such allegations. Even in the oral submissions, learned counsel for the petitioners did not counter such pleadings raised by the respondents in the counter affidavit that the petitioners belonging to same family. The authorities having conducted detailed enquiry, based on such sub-division revenue records concluded that Madivi Venkappa and others are in possession of the subject lands and they were, in fact, pattadars and further possession of the subject lands was taken over from them. Thus, the judgment in Vajja Shantamma's case (Supra 1) is not applicable to the facts of the present case. In the said judgment, the only dispute was that the petitioners / assignees therein were alleged to be not in possession of the subject property therein, but there was no private party rival claim. The dispute herein is rival claim regarding ownership of the subject lands. Thus, this Court does not find any merit in these writ petitions and the same are liable to be dismissed.
16. Therefore, these writ petitions are dismissed. No order as to costs.
As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed.
______________________ B. VIJAYSEN REDDY, J August 11, 2025.
NOTE: CC BY TODAY. (BO)PV