Ch.Krishnamurthy v. The State of Telangana

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed 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 action the Respondents more particularly the Respondent No. 2 to 4 deputing his officials to laying the water pipe line under lift {' '>- irrigation scheme tt- ro -rgh in middle of the petitioner agricultura patta land of Ac.3.0300 Gts in Sy Nlo 36/4/1 , an extent of Ac.0.0600 Gts in Sy.No 154lAl1l113, an extent of Ac.3 03i0C Gts in Sy.No 35/Aa, an extent of Ac.3.19{)0 Gts in S.No 34lAal 1, which total'ng to an extent of Ac.9.3100 Gts situated at Vepakuntla Village, Ragh unad ha pralem Mandal, Khammam District, by changing the alignment and not cr:nsidering petitioner representation dated 23.(-r1.2025, highly arbitrary d iscriminatorlr, violative of principles of natural justicr:, violative of a(icles 14,21 and 300 A of the constitution of lndia and consequt:nfly direct the respondents herein nct proceed further laying the water pipe lin': in middle of petitioner Agriculture land without following due procedure of law irs per Right to Fair compensation and rransparency in Land Acquisition, Rehabilitation and Resettlement Act, 201 3, pending disposal of the main writ petition. lA NO: 1 OF 2025 Petrtion under Section 151 cPC praying that in the circumstances stated in the affidavit filed in s rpport of the petition, the High court may be pleased to direct the respondent:; herein not proceed further laying the wat{)r pipe line in middle of petitioner licricullure land without following due procedur,-. as per Right to Fair compensation and rransparency in Land Acquisition, Rehabilitation and Resettlement Act. 201:l pending disposal of the main writ petition. Counsel for the Petitioner : SRt S.CHANDRA MOHAN REDDY Counsel for the Respondents No.1to4 : Gp FOR lRRl AND COMM AREA DEV counser ror the Respondents No'S&t ' i['J|JHtt!t"t^fi1['^ir=t W.P.No.3086 OF 2025 Between: ch-verkatesh, s/o ch.Purushotham, Aged about 36 years, occ. Emproyee, Rr/o. Lf.!9,19:1 S^911/103.Raghu rower,-Dwara"kanagar,Khammam iJrban p,:.'t<-tiimh"r, Knammam Utstnct, I elanagana,507002 ...PETITIONER .'- ) AND 1 The State of Telangana, Rep. by its Principal Secretary to lrrigation and CAD CP (W) Department Secretariat Building, Hyderabad' The Superintending Engineer, lrrigation Department Khammam (irrigation circle) at Khammam Khammam District. The Deoutv Executive Engineer, lrrigation Department Khammam (irrigation circle) ai K6ammam Khammam District. The Executive Engineer, lrrigation Department Khammam (irrigation circle) at Khammam Khammam District. 2 3 4

5. The District Collector, Khammam Khammam District' 6. The Revenue Divisional Officer, Khammam Khammam District' ...RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstancesstatedintheaffidavitfiledtherewith,theHighCourtmaybepleased toissueawrit,orderordirectionmoreparticularlyoneinthenatureofWritof lvlandamus declaring the action the Respondents more particularly the Respondent No.2 to 4 deputing his officials to laying the water pipe line under lift irrigation schemethroughinmiddleofthepetitioneragriculturalpattalandofAc'3.1200GtS in Sy.No 34tA, an extent of Ac 0'0400 Gts in Sy No 81tEt1l1' an extent of Ac.0.0600GtsinSy.No154tN111t1,anextento'fAc12480GtsinSNo192l4l1l1' which totaling to an extent of Ac.5.0720 GtsAc'3'1200 Gts in Sy No 34/A' an extent of Ac.0.0400 Gts in Sy.No 81lEl1t1 , an extent of Ac'0'0600 Gts in SyNo 154tAlll1l1,anextentofAc.1.2480GtsinS.No192t4l1l1,whichtotalingtoan extentofAc'5.0T20GtssituatedatVepakuntlaVillage,RaghunadhapalemMandal' Khammam District, by changing the alignment and not considering petitioner representationdated23.0l.2025,highlyarbitrarydiscriminatory'violativeof principles of natural justice, violative of articles 14' 21 arrJ 300 A of the Constitution of lndia and consequently direct the respondents herein not proceed further laying thewaterpipelineinmiddleofpetitionerAgriculture{andwithoutfollowingdue procedure of law as per Right to Fair Compensation and Transparency in Land Acquisition,RehabilitationandResett{ementAct,20l3,pendingdisposalofthe main writ Petition- .' Lf lA NO: 1 OF 2025 Petition under Section 15'l 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 here r not proceed further laying the water pipe line in middle of petitioner Agriculturt-' l;rnd without following due procedure as per Right to Fair Compensation and -[ransparency in Land Acquisition, Reh abilitation and Resettlement Act, 2Cr13, pending disposal of the main writ petition. Counsel for the Petitioner : SRI S.CHANDRA MOHAN REDDY Counsel for the Respondents No.1to4 : GP FOR lRRl AND COMI/I AREA DEV c o u n s e I ro r th e Re s p o n d e n ts N o' 5 & t' t" i['JfJH it :t"t^fii=lT The Court made the following: COMMON ORDER HON'BLE SRI JUSTICE C.\/.BIIASI{AR REDDY WRIT PETITION Nos.3 OO9 and 3086 of 2025 COMMON ORDER: Since the issue involved in both the writ petitions is one and the same, they are heard together and being disposed of by way of this common order. 2 W.P.No.3O09 ot 2025 is filed seeking the following reliel ". . . . to issue a wit, order or d.irectton nore parttcularlg ote in the nadre of Writ t Mqndamus declanng the action the Respond.ents more partianlarlg the Respoadett Nos.2 to 4 deputing hi,s oJfcials to laging the uatei pipe lie und.er lift irriqotion scllene through in middle of tle petitiorter o4rianlturoJ- p@ttr land. of Ac.3 O3O0 Cts it Sy.No.36/A/ 1, an extent oj ac.O.OaOO Cts in SA.N2.l51/A/ I/l/3, an erteat of AC.3-O3OO Gts tn Sg.No.3S/Aa, qn exlent of Ac.3. ) 9O0 Cts u1 SA. No 34/ Aa/ I Luhich totaling to an extent of Ac.g.j lOO Gt_s sttudLe(7 aL Vepekuttla VilLage, Raghuna.d.hapolem Mandal, Kiammam Disfrbt by changtq the elignrnent arrd not considertng petitioner representation deted 23.O 1.2025 highlg arbitrary, discimhwtory, violatiue of principles of rutfiral justrce, uiolatiue of Anicles 14, 2t and 3OO A of the Constitution of india and consequentLA drect tlrc resporulents herein not pro@d. furtter laging tle uater ppe Lie in nliddle of petttioner Agriculture lind witlwut follotuittg du.e procedure o! t_ay 7-s ner Riltltt to Fdtr Compensation and. Tran4nrencg in i,and. Aquisition RellabLlttotiotl ettd Resettlenent Act, 2Ol3 pending itispoaal of tE nain urit petrtiott....' 3 W.P.No.3O86 of 2025 is frled seeking the following relief: "....to issue a LL)IL, order or directian more poiictthrlg one in th_e nqture of V/nt of Mdnd.amus declaring th.e o;ctio1 the Repndents nore particularlg tle Re-spo.ndent Nos.2 to 4 deputirLg hi_s olfic:o;k to laging the watei pqte line inder ltft iTigation scLu2me ttlrough h nidd.le of the peiiti;ner agricultu;ol patta land of Ac.3 12OO Gr-s ia Sy.i\ro.J4/A, an extent of A1.O.O4OO Gts in sA.No.al/E/t/t, an exlenr of Ac.O.O6OO Gts in St.No.tS4/A/1/t/1, an enent oI Crs in Sa.No.192/4/1/1 which iotating to an exte of AC.5.O72O Gts, Ac.3.l2OO Crs in Sy No 34/A, an ertent oJ Ac.O.O4OO G* iit Sg.No.al/E/l/1, an extent of Ac.O.O6OO Gts in SA.No-154/A/1/1/1, an erte of Ac.l.2480 Gts in Sg.No.192/4/ 1/1, tuhich to an extent of Ac.5.O72O Grs siruared at Vepdkuntkt lriLage, Rqh nad"iogxtlem Mond.al, Khamnlam Dtstril blt changing the alignmeit araiieAng petitioner represenlation dated 23_Ot.2O2S highly arbitrary, diximinatary, uiolatiue of pnrtciples oJ ttatural justi.e uialatiue oI Article; 14, 2I and 3Oo ,l oS ttn -Ac.I.2480 -totaling "rA -r*t - ). CotLstitutt(nt )f lrrdn atrd cotseqtLentlll drecl tle r..sl)on l.rlts h,:rein rat proceed funhe.r laging l.he tuat.er pLpc lte in mddlt: a[ pehtoner A,]ricltlture tand uit.hc'u" ,'ollorurng due procedure of laut as per Rql to f'r. r (:otnl'e.nsation and Tran:;p1t'enclj in Latd ,4.i?ul.srlror1 Rehabilitanott etld l?eseitlet.Lett Act, 20 1 3 penct g disposal oJ tlte rnait unt pet\tion. . . "

4. Considered the submissions of the learned counr;el for the respective part.ies and perused the record.

5. It is stated that the petitioner in W.P.No.3009 of 2025 is the owner and possessor of Iand admeasuring Acs.9-3100 guntas in various suryer/ rrumbers and the petitioner in W.p.No.3OB6 of 2025 is the owner and possessor of land admeasuring Acs.5-072O guntas in various surwey numbers situated at Vepakunrla Village, Raghunadhaperlem Mandal, Khammam District. It Ls further stated that the r:espondents have taken up the constr-uc:tion work under lift irriga.tion scheme for laving of water pipe line from Venkatayapalem NSP canal to Manchukonda and the petitioners have given their consent for laying of water pipe line arljacent to their agricultural lands. The case of the petitioners is that without acquiring the lands as required under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the respondents haver suddenly changed the pipe line alignrnent and marked alignment in middle of their agricultural lzrnds and without following the due procedure of law, the responrlents are ) also proceeding to dig canal for laying pipeline, which constrained them to submit a representation, dated 23.01.2025 before respondent No.2, but till date no action has been taken on the said representation.

6. Sri Laxmalla Sandeep, learned Assistant Government Pleader for Assignmen t appearing for respondent Nos' I to 4, placed on the record the written instructions, dated O4.O2.2O25, issued by respondent No.4-the Executive Engineer. wherein it is stated that lift irrigation scheme was sanctioned by the Government for an amount of Rs'66.33 Crores and the construction work is entrusted to M/s. PVRPL & ACCO JOINT VENTURE, Hyderabad and the said work consists of construction of pump house on the bank of 21$ MBC of NSLBC at KM 13.250, near V. Venkatayapalem Village, Raghunadhapalem, Khammam District. It is also stated that various lands of the pattadars of the said Mandal are being ellected for taying of the pipeline and there is no deviation in the alignment sanctioned by the Government for laying of the pipeline, which rvould not cause any inconvenience I or damage to the agricultural activities. It is also stated that the , I respondents r,r,ill not obstruct the pattadars from laying of fencing over the subject lands and the Government has undertaken the said scheme to provide water to the drought_ff*lteas of + Raghunadhapakrm, Khammam District, due to the dropr of ground water level in that particuiar areas.

7. In vieq, r:l the said submissions, as there is no d:viation in the aligrrment :;anctioned by the Government and :he works undertaken by the respondents u,ould not ciruse any inconvenience for cultivation of the lands of the petiti.ners, this Court deems it appropriate to dispose of these u.rir petitions directing the respondents to strictlv adhere to the approved alignment plan sanctioned by the Governmenr for laying of pipeline. It is made clear that any deviation of the align:nent plan would be viewed seriously by this Court, unless there is approval from the competent authorities.

8. With the above observations, these Writ petitions are disposed of. No order as to costs. As a sequel, the miscellaneous petitions pending, if any, shall stand cl d., //TRUE COPY// SD/. T. JAYASREE TANT REGISTRAR ASSIt . SECTION OFFICER The Principal Secretary to lrrigation and CAD CP (W) Department Secretariat Building, State of Telangana, Hyderabad. The Superlntending Engineer, lrrigation Department Khammam (irrigation circle) at Khammam Khammam District. f.nq P"gyly Executive..Engineer, lrrigation Department Khammam (irrigation circle) at Khammam Khammam District. The Executiv-e Engineel.lrrigation Department Khammam (irrigation circle) at Khammam Khammam District. t To, 1 2 3 4 'aa \

5. The District Collector, Khammam Khamma District. 6. The Revenue Divisional Officer, Khammam Khamma District' 7. One CC to SRI S.CHANDRA MOHAN REDDY, Advocate' TOPUCI S.TwoCCstoGPFoRIRRIANDCoMNIAREADEV'HighCourtfortheState of Telangana. [OUT] \

9. Two CCs to GP FOR ASSIGNIVENT, High court for the state of Telangana at Hyderabad [OUT]

10.Two CD Copies. BSK GJP HIGH COURT DATED:0410212025 COMMON ORDER WP.No.3009 & 3086 of 2025 DISPOSING OF THE WRIT PETITIONS WITHOUT COSTS l I ( q a (-. ') "/,, t r+E 574, C q( 19 APn z[ffi .t O5.- t:r,r.t ! * t+ I a)