ch.Venkata Narsalah v. The State of Telangana

Petition under Article 226 of lthe 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 ltlandamus dectaring 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 through in middle of the petitioner agricultural patta land of Ac.3.2900 Gts in Sy.No 34tAal2tz, an extent of Ac.0.2700 Gts in Sy.No 35lAal2, an extent of Ac.2.0800 Gts in Sy.No 36tAt2, an extent of Ac.0.0400 Gts in s.No 81lEl2, an extent of Ac.0.0600 Gts in Sy.No 1541A1112, an extent of Ac'0'0280 Gts in Sy.No 19214l2,which totaling to an extent of Ac.6.37200 Gts situated at Vepakuntla Village, Raghunadhapalem l\4andal, Khammam District, by changing the alignment and not considering petitioner representation dated 23.o1 .2025, highly arbitrary discriminatory, violative of principles of natural justice, violative of articles .14, 21 and 300 A of the constitution of lndia and consequently direct the respondents herein not proceed further laying the wdter pipe line in middle of petitioner Agriculture land without following due procedure of law as per Right to Fair compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, pending disposal of the main writ petition. lA NO: 1 OF 2025 Petition 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 herein not proceed further laying the water pipe line in middle of petitioner Agriculture land without following due procedure as per Right to Fair Compensation and Transparency rn Land Acquisition, Rehabilitation and Resettlement Act, 2013, pending disposal of the main writ petition. Counsel for the Petitioner : SRI S.CHANDRA MOHAN REDDY Counsel for the Respondents No.1to4 : SRI LAXMALLA SANDEEP, AGP FOR IRRI AND COMM AREA DEV Counsel for the Respondents No.5&6 : GP FOR REVENUE The Court made the following: ORDER HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.3151 OF 2025 ORDER: This writ petition is filed by the petitioner seeking the following relief: " ...to issue a writ ordtr or direction more puttcularly one in tht nnture of WrX of It4andamus decluing the rction tlu Respondents nnrc pnrticularly the Respondent No 2 to 4 rleputing his offcials to lnying tlt ruater pipe hne undcr lift itigation scfume through in ruiddle of tlrc petitioner tgiculttual pnttn land of Ac.3.2900 Gts in Sy.No 34/Aa22, an extent of Ac.0.2700 Cts it Sy.No 35/Aa/2, an extent of 4c.2.0800 Gts in Sy.No 36/A/2, an extent of Ac.0.0400 Cts in S.No 81/F,p, an extcnt of Ac.0.0600 Gts in Sy No 154/A112, an ertent of Ac.0.0280 Gts ln Sy.No 192/4p., tohiclt totaling to nn ertent of Ac 6 j/200 Cts sihnted at Vepnkuntla Village Rnghunadlupalen Manda! Klnnmnn l)ishict hy clnnging the alignnrnt and not considering petitiouer refrese tation futed 23 01 2025 highly arbitranl disciminatory aiolntfue of principles of nahtral justice dolatiue of uticles 74, 21 and 300 A of tle Constitution of Indin anrl consequertly direct tlte respondutts Irrein not proceed Jitrtlrr lntling the runlcr pipe line in niddle of pelilioncr Agriculture land without follouing due procedure of lnu ns per Riglt to Fair Compensation and Trnnsparency in Ltnd Acquisitiort Rahabilitation and Resettlenvflt Act 2013 pending disposnl of tla main urit petition arul pass. .."

2. Considered the submissions of the learned counsel for the respective parties and perused the record

3. It is stated that the petitioner is the owncr and possessor of the total extent of land admeasuring Acs.6-3720 guntas in various survey numbers. It is further stated that the respondents have taken up the conshuction work under lift irrigation scheme for laying of water pipe Iine from Venkatayapalem NSP canal to Manchukonda and the petitioner has given his consent for iaying of water pipe line adjacent to 2 his agricultural iands. The case of the petitioner 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 have suddenly changed the pipe line alignment and marked alignment in middle of his agricultural land and without following due process of law, the responclents are also proceecling to dig canal for laying pipeline, which constrained them to submit a representation dated 23.07.2025 before respondent No.2 - the Superintendent Engineer, lrrigation Department, Khammam, but no action has been taken on the said representation till date

4. Mr. Laxmalla Sandeep, Iearned Assistant Government Pleader for Irrigation, appearing for respondents No.1 to 4, basing on his written insLructions, it is submitted that lift irrigation scheme was sanctioned by the Covcrnment for an amount of Rs.56,33,00,000/ - (Rupees sixty six crores thirty three lakhs only) and the construction work is enhusted to M/s PVRITL & ACCO JOINT VENTURE, Hyderabad and the said work consists of construction of pump house on the bank of 21st MBC of NSLBC at KM 13.250 near V. Vankatayapalem Viltage, Raghunandhapalern, Khammam District. It is also stated that the various lands of the pattedars of the said Mandal are being effected for Iaying of the pipeline and there is no deviation in the alignment sanctioned by the Government for laying of the pipeline, which would not cause any inconvenience or damage to the agricultural activities. It is also stated that the respondents will not obstruct the pattedars from Iaying of fencing over the subject lancls and the Governmeni has undertaken the said scheme to provide water to the drought prone areas of Raghunandhapalem, Khammam District, due to thc drop of ground water level in that particular area

5. In view of the said submissions, as there is no deviation in the alignment sanctioned by the Government and the works undertakcn by the respondents would not cause any inconvenience for cultivation of the lands of the petitioner, this Court deems it appropriate to clispose of this writ petition directing the respondcnt authorities to strictly adhere to the approved alignment plan sanctioned by the Government for laying of pipeline. It is made clear that any deviation of the alignment plan would be viewed seriously by ihis Court, unless there is approval from the competent authorities

6. With the above observations, this writ petition is clisposed of. There shall be no order as to costs 4 - As a sequel thereto, miscellaneous applications, if any, pending in this writ petition stand closed. SD/- P. PADMANABHA REDDY NT REGISTRAR //TRUE COPY// CTION OFFICER To, 1 2 3 4 The Principal Secretary to lrrig ation and CAD CP Building, State of Telangana, H yderabad. The Superintending Engineer, lrrigation Department Khammam (irrigation circle) at Khammam Khammam District lrrigation Department Khammam (irrigation The Deputy Execut ive Engineer, circle) at Khammam Khammam District The Executive Engineer, lrrigation DePartment Khammam (irrigation circle) at Khammam. Khammam District. partment Secretariat

5. ihe District Collector, Khammam Khamma District' O. -t n" A"u"nre Divisional Officer, Khammam Khamma District' i o;; CC to snr s cnaruDRA I\loHAN REDDY, Advocate tqPUCl 8 iil ccr1" op FoR tRRt AND COtvlM AREA DEV, High court for the state g. iwb-cct-to Gp FOR REVENUE, High court for the State of Telangana at of Telangana. [OUT] Hyderabad. [OUT] 1 0. Two CD CoPies. BSK GJP Q9' HIGH COURT DATED:0510212025 ORDER WP.No.3151 of 2025 1dE S14 ,(. L^ o ? o t) 2 g Nny zttzt t a€.spaTC\1 'r ( \ {-' DISPOSING OF THE WRIT PETITION WITHOUT COSTS ( I 19 { 2\ \