High Court · 2025

5. Gadde Srinivasa Rao, s/o. Ramaiah, Aged 49 years, occ Agriculture, Allare Wo. Kuppenakuntla Village, Penuballi Mandal, Khammam District. ...PETITIONERS AND 1- The state of r_elangana, Rep by its principal secretary, lrriqation and command Area Development Depahment, secietariat, Hydeiibrd:- -

2. The Chief Engineer, Minor lrrigation, Telangana, Hyderabad. 3. The Superintendent Engineer, lrrigation Circle, Warangal. 4. The DeputY Executive Engineer, I & CAD, lnigation Sub Division, Saftupally, Khammam District.

5. The District Collector, Khammam, Khammam District. 6. The Tahsildar, Penuballi Mandal, Khammam District. ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit fited therewith, the High Court may be pleased to issue a writ order or direction more particularly, one in the nature of Writ of Mandamus, declaring the inaction of the respondents in taking appropriate action to pay compensation to the petitioners since their patta land admeasuring the land in sy.No.226 admeasuring Ac.I.13 gts. total admeasuring Ac.2.36 gts. i.e., sy.Nos.2it, 226 & 221 situated at Kuppenarkuntla village, Penuballi Mandal, Khammam. District are sub-merged in Satydnarayana Kunta of Penuballi Mandal, Khammam District as iilegal, arbitrary, violative of principles of natural justice despite memo dated- 29.03.2004 of 1st respondent and letter dated- 13.02.2006 issued by 2nd respondent and consequenfly direct the respondents to take steps to pay compensation to the petitioners by following due procedure. Prayer anrended as per c.o. dt. 12.11.202s in l.A.No.I t2o1g l.A. NO: 1 OF 2016(WPMp. NO: 5915 OF 2016) Petiilon under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to consider the request of the petitioners for payment of compensation in view of sub-merging of their lands admeasuring Ac.4.20 gts in Sy'No.223, 224, 225 and 227 situated at Kuppenakuntla village, penuballi Mandal, Khammam District in "satyanarayana Kunta', of penuballi Mandal, Khammam l)istrict as per memo dated: 29.03.2004 and tetter dated: 13.02.2006 of the 2nd rerspondent, pending disposal of the above writ petition. Counselfor the Petitioners: SRI UJWAL BABU, REp. FOR SRI KOWTURU PAVAN KUMAR Gounsel for the Respondent No.1 to 4: Gp FoR lRRl AND coMM AREA DEV Counsel for the Respondent No.5 & 6: Gp FOR REVENUE The Court made the following: ORDER \., ,/ I , r THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI ORDER: I This writ petition is fired, seeking the fo,owing rerief: "to issue a writ order or direction more particularly, one in the nature of Writ or rvranaamus, ai"fJfris ,h" inaction of the respondents in takrng appropriate action to pay compensatio-n 1o the petitioners since their patta r*9 {feasuring Ac.4__.20 d; l"s;.il]' iiriEiol rx a^d 22T situated at KuppJn.f.""U" vilhg;,p1rr,rUrffi Mandal, Khammam District are submerged in Satyanarayana Kunta of penulafli Mandal, Khammam District as illegal, arbitrary, natural justice despite .rr.ilo dated 2g.o3.2o04 of l"t "f respondent and letter dated tS.oZ.ZOo6 i;";;l'ii respondent and consequently direct the respondents to Z^o ;ffi*X';:'r*::.:,:p"'"ltio'' io the p.iitio,L," uy .i p.irilf"" -"iJ"rir" 2' Heard Mr. Ujwal Babu, rearned counsel representing Mr' Kowturu pavan Kumar, rearned counsel appearing for the petitioners and the learned Assistant Government Pleader for Irrigation and command Area Deveropment appearing for the respondents. 3' Petitioners are questioning the inaction of respondent_ authorities. It is submitted by learned counsel for petitioners that land admeasuring Ac.O.2T gts in sy'Nos'224; an extent of Ac.1.13 gts in sy.No .226 and an extent of Ac'o'36 gts in sy.No.227;a totar extent of Ac.2.36 2 gl:s, situated at Kuppenakuntla village, penubafli Mandar K'eammam District be acquired, os these lands are su'bmerged under the water of satyanarayana Kunta. It is fu'ther submitted that Government decided to retain the tartk i.e., saty€rnarayana Kunta by acquiring the bed rand of the kunta admeasuring Ac.22.rr gts in Sy.Nos.234 and 228', that the lands stand registered as patta lands, under the provisions of Land Acquisition Act, lgg4.

4. l,earned counser has drawn the attention of this court to e. letter dated L3.02.2006 issued by the Deputy Executive Engineer and Irrigation and command Area Development to the Mandal Revenue officer (MRo). Relying on the contents of this internal departmental correspondence, it is submitted that a proposal was made by thr: Deputy Executive Engineer to acquire the rands pertairring to petitioners in Sy.No.223, 224, 22s, 226 and 227 to an extent of Ac.4.2o gts, on the premise that the lands ilre submerged. Further, reliance is praced on a letter from the MRo to the Deputy Executive Engineer to buttressr the contention that the land in sy.No s.223 to 222 to an extent of Ac.4.2o gts, were submerged in I / 3 Satyanarayana Kunta and that petitioners have requested the authorities for acquisition. The photo copies of pattas pertaining to Sy.Nos.224,226 and 222 have been annexed to the writ aflidavit.

5. Learned counsel for petitioner submitted that uid.e memo, dated 29.03.2004 issued by the Office of principal Secretary to Government (Irrigation Department), Government decided to retain the tank known as "Satyanarayana Kunta, by acquiring its bed land admeasuring Ac.22-Ll gts in Sy.Nos.234 and 22g, which are patta lands.

6. On the other hand, learned Assistant Government Pleader for Irrig4ttion " and Command Area Development appearing for respondents submitted that Memo, dated

29.O3.2OO4 issued by Government of Andhra pradesh, Irrigation and Command Area Development Department shows that the District Collector and Chief Engineer, Minor lrrigation, have examined the issue and decided that the tank by narne "Satyanarayana Kunta, in Kuppenakunta village, Khammam District should be l- 4 re:tained. Accordingly, in the Memo, it is directed to acquire only the bed land of the kunta admeasuring Ac.22.11 gts in Sy.Nos.234 and 228, and further directed negotiations with landowners for passing a consent award under se:tion lr(21 of the Land Acquisition Act, lgg4. Bdsed on the: said memo, it is contended that the survey numbers of the petitioners' properties were not mentioned in the Merno. Hence, the submissions of the petitioners' counsel are not valid.

7. I{eard learned counsels perused the record and , cons;idered the submissions.

8. A Memo, dated 29.O3.2OO4 (Ex.p1) was issued, contr:nts of the Memo are as follows:- uln tlv circum.stances explained. by the Collector, Khamm.am District and tte Chief Engineer, Minor lrrigation, the matter hns been examined in detail. It is decided to retain the tank bg name "Satganaragana Kunta" in Kuppenakunta Village, Khqmmam Distnct bg acqtiring tlrc bed land of the Kunta, measuring Ac.22.11 gts in Surueg No.234 and 228 which stands registered a,s a Patta land, under th.e prouisions of the Land Acquisition Act, 1894.

2. TIE Collector, Khnmmam Distict and the Superintending Engineer, Irrigation Circle, Warangal are therefore requested to negotiate with the owners of tle. aboue land and ensure tlnt a consent anaard is po.ssed u/ s 11(2) of the l-and Acquisitton Act 1894, so tlnt a reasonable rate of ampensation as mufitallg agreed to can befixed. aI / I 5', ' -^"'nt atDard' fhe z,w:::y:ffi u::'ff :tr;;:""##rf ,#. '""#triT:frX#i:;';;;;;;; *e Andhra tx*xrrW'x:,9::l:x;:m f #:;'"::,;,#"hi:;7"i,ii,"*i'*etonme Reuenue &A) Deptt' t;t G.o.Ms.No'1'050' r''1286' Reuenue PA) DePtt' 'T:"3"1?i'? "C']i'"f'ro"u' Reuenue PA) Deptt' 'ffi'u No'5e4' Reuenue 0A) DePtt' 'Tr,"nz.';:'f; Reuenue _pN !:.*;:tfrkf, 3::i " t b -ii R"u"n ".'i 'ii. to.oa.lse8- ii'6 'i,!,St,If;r " Dt.21.03-2002' 4. A report may be fumished' regard." to Gouerrtment in this g. On a perusal of ttre Memo' it is apparent that the issue was discussed' by the Collector with Chief Engineer' Minor lrrigation, whether to retain the tank' It was decided to retain the tank known as "satyanar ayana Kunta" in Kuppenakunta village, Khammam District' There was a proposal to acquir e Ac'22-11 gts of land in Sy'Nos'234 and 228, which are registered as patta lands under the provisions of the Land Acquisition Act' 1894 and that negotiations were entered with the pattadars for passing of a consent award under the provisions in Section 11 (2) of the Land Acquisition Act, LB:91* 6 1rl. These facts are not in dispute. The question which fatls for consideration is whether the lands pertaining to thr: petitioners in survey numbers i.e., Sy.No.223 to 222 ha're been considered for acquisition or to be acquired for the purpose of retaining "satyanarayana Kunta,, tank.

11. A letter, dated 13.02.2006, issued by the Deputy Exec:utive Engineer, to the Mandal Revenue Officer (Ex.P2), refer,s for acquisition of lands in Sy.Nos.223 to 227, a total extent of land Ac.4.2O gts, for the purpose of retaining the tank. This proposal was on the basis of representation of the pe.titioners,that their lands were submerged under the "satyanarayarlaKunta"andbeacquired'However'the Goverrtment Memo is issued on 29 'O3'2OO4' No subsequentMemohasbeenissued,incorporatingthelands mentioired in the letter dated 13'02'2006' Subsequent to the letl.er, dated 13'02'20C)6' no fresh memo is issued incorporating the lands' as mentioned in the letter dated 13.O2-2JO6 ' No such memo is placed on record by petitionr:rs to substantiate their claim that their lands have bt:en acquired' If at all respond'ents were of the / i I 7 opinion petitioners' lands ought to be acquired for the purpose of retaining satyanarayana Kunta, a fresh Memo would have been issued. In the absence of any such memo brought on record, this issue needs no adjudication.

12. For reasons aforesaid, the writ petition stands crosed. There shall be no order as to costs. Miscellaneous apprications pending, if any, shalr stand closed. I\ \\ To, //TRUE COPY// SdIK.BHAVANI SWAMY ASSISTANT REGISTRAR6 SECTION OFFICER

1. One CC to SRI KOWTURU PAVAN KUMAR, Advocate IOPUC] 2. Two CCs to GP FOR lRRl AND COMM AREA DEV, High Court for the State of Telangana at Hyderabad [OUT]

3. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad [OUT]

4. Two CD Copies BSR PMK M. HIGH COURT DATED i 1211112025 I,I i i l OR ER u WP.No .4,621 of 2016 ! o THE S t 1 E lli,l 1ll,ri (1 * +- I a\ . ?.-! !'' CLOSING THE WRIT PETITION, WITHOU:T COSTS \y ",