High Court · 2025

8. Srinappa, S/o. Ayappa Age 60yrs, Occ Agriculture Rl/o Bommanpad (V)' Dhamaragid (M) Mahabubnagar District

9. Nagappa, S/o Ramulu Age 25yrs., Occ Agriculture Rio Bommanpad (V)' Dhaniaragida (M) Mahabubnagar District 1 0. chinnachandrappa, sio Balappa Ase s_gy.rg, .occ Agriculture Rl/o Bommanpad (V), Dhamaragidb (M) Mahabubnagar District ll.Venkatramulu,S/oAshappaAge55yrs,occAgricultureRioBommanpad(V), Dhamaragida (M) Mahabubnagar District

12. Chinnabasappa, S/o Balappa Aqg 65yrs, Occ Agrtiulture R:/o Bommanpad Dhamaragida (M) Mahabubnagar District 13-Anthanoari chinasavappa, s/o Timappa Age 60yrs, occ Agriculture Rio Bomma"npad M, Dhinidragida (M) Mahabubnagar District 14 Anthanoari Manikvaopa. s/o Tammana Age 62yrs, Occ Agriculture Rl/o Bomma-npad (V), Ohimaragida (M) Mahabubnagar Distriot' I 1 r)

15.Pedda Bassapa, S/o Balappa Age 7Qyrs,. Occ Agriculture R/o Bommanpad (V), Dhamaragida (M) Mahabubnagar District l6.Venkatappa,S/oAnthangariAnthappaAgeSTyrs,.OccAgricultureRl/o Bommandad (V), Dhamaragida (M) Mahabubnagar urstrrct -' .r,l ....,:.j.-.-':' :;+i,,

17.Balappa, S/o Late Narsappa Age 50yrs, Occ Agriculture Rio Bommanpad (V), Dhamaragida (M) Mahabubnagar District

18.Chukamma, Wo Late AnthangariPeddaRamulu Age 60yrs, Occ Agriculture R/o Bommanpad (V), Dhamaragida (M) Mahabubnagar District

19. Ramulamma, WoPeddaSaiappa Age 65yrs, Occ Agriculture Rio Bommanpad (V), Dhamaragida (M) Mahabubnagar District

20. Kistamma, WoChinnaRamulu. Age 65yrs, Occ Agriculture R/o Bommanpad fl{, Dhamaragida (M) Mahabubnagar District 2'1 . Balappa, S/o Chinnanarsappa Age 55yrs, Occ Agriculture R/o Bommanpad (V), Dhamaragida (M) Mahabubnagar District ...PETITIONERS AND 1 2 a J 4 5 6 7 The State of Telangana, Rep.by it's The Principal Secretary, lrrigation, State of Telangana At Hyderabad The District Collector, Mahabubnagar, The Superintendent of Engineer lrrigation department, (lB) Mahabubnagar. The Executive Engineer, Minor lrrigation department (lB) Narayanpet Sub- Division, Mahabubnagar District. Deputy Executive Engineer, Minor lrrigation department (lB) Narayanpet Sub- Division, Mahabubnagar District. Revenue Divisional Officer, Narayanpet, Mahabubnagar District The Tahsildar, Dhamaragidda Mandal, Mahabubnagar District ...RESPONDENTS 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 appropriate, order or direction more particularly, in the nature of Writ of Mandamus declaring the act of respondents no.3 to 7 in digging the lands of the petitioners in sy no. 35/U1 dry an extent of Ac-0-23gts, sy.no. 35/A to an extent of Ac0-B8cents, sy.no. 35/E, admeasuring Ac3-08cents, sy.no. 35/EE Ac3- 08cents, sy.no. 35/ru Ac-O-28gts, sy.no. 35/Au Ac0-10gts, sy.no. 3S/Au AcO- 08cents, sy.no. 35/E Ac0-'10gts, sy.no. 35/A admeasuring Ac0-1Sgts, sy.no. 35/RU admeasuring Ac0-23gts, sy.no. 35tUU2 admeasuring Ac0-lSgts, sy.no. 35/U admeasuring Ac0-23gts, sy.no. 35/u2 admeasuring Ac0-13gts, sy.no. 35/u1 admeasuring AcO-1sgts, sy.no. 35/u admeasuring Ac0-20gts, sy.no. 35/AA admeasuring Ac0-1sgts, sy.no. 35/AM admeasuring Ac0-23gts, sy.no. 35/AAl admeasuring Ac0-1Sgts, sy.no. 35/AA2 admeasuring AcO-lSgts, sy.no. 35/AA3 admeasuring Ac0-1Sgts, sy.no. 35/LU admeasuring Ac0-38gts in the name of Mission Kakathiya without conducting the survey by fixing the boundaries of the patta lands and not considering the representation of the petitioners dated 8-4- 2015 to the respondent no.7 is illegal, arbitrary and against principles of natural justice. l.A. NO: 1 OF 201s {WPMP. NO: 14594 0F 2015) 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 respondent no. 3 to 7 to stop digging of the lands, not to interfere into the peaceful possession of the land bearing sy.no. 35/Ul dry an extent of Ac-0- 23gts, sy.no. 35iA to an extent of AcO-88cents, sy.no. 35/E, admeasuring Ac3- O8cents, sy.no. 35/EE Ac3-08cents, sy.no. 35/ru Ac-0-28gts, sy.no. 35/Au AcO- '1Ogts, sy.no.35/Au Ac0-O8cents, sy.no.35/E AcO-1Ogts, sy.no 35/A admeasuring AcO-1Sgts, -sy.no. 35/RU admeasuring Ac0-23gts, sy.no. 35/LTU2 admeasuring AcO-15gts, sy.no. 35/U admeasuring Ac0-23gts, sy.no. 35/u2 admeasuring AcO-'l39ts, sy.no. 35/ul admeasuring AcO-1Sgts, sy-no. 35/u admeasuring Ac0-20gts, sy.no. 35/AA admeasuring Ac0-1Sgts, sy.no 35/AM admeasuring Ac0-23gts, sy.no. 35/AA1 admeasuring Ac0-1Sgts, sy.no. 35/AA2 admeasuring Ac0-15gts, sy.no. 35/AA3 admeasuring Ac0-1Sgts, sy.no. 35/LU admeasuring AcO-38gts. Counsel for the Petitioner : SRI M.VIJAYA KUMAR GOUD Counsel for the Respondents No.1,3to5: GP FOR lRRl & COMM AREA DEV Counsel for the Respondents No.2,6&7: GP FOR REVENUE The Court made the following: ORDER ::ru*r, {s* I I I a I I ! i i I j t i I i I THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI WRIT PETITION No.11041 OF 2O1S ORDER: This Writ Petirion is lilcd '"vith the fotlowing prayer: "...to issue appropriate order or direction more particularly, rn the nature of Wnt o[ Maldamus declar-ir-rg the act o[ respondents n(,.3 to 7 in cligging the lands of the petitioners in sy.r-ro.35/U I dry an extent ol Ac O-23gts, sy.no.35/A to an extent of Ac:O-S8ccn(s, sy.no.35/E, admeasuring Ac3- O8cents, sy.no.35/EE Ac3-O8ceDts, sy.no.35/ru Ac-0-2ggts, sy.no.35/Au AcO 1Ogts, sr,.no.3.5/Au Ac0-08cents, sy.no.35/E Actl- lOgts, sy.no.35/A admeasuring AcO- lSgts, sy.no.35/RU admeasuring AcO-23gts, sy.no.35/UU2 admeasuring AcO- 1Sgts. sv.no.3S/U admeasuring AcO- 23gts, s1..no35/u2 admcasuring AcO-13gts, sy.no.35/ul admcasurrng At:O- 15gts, sy.no.35/u admeasuring AcO- 20gts, sy.no.35/AA acirreasuring AcO 1Sgts, sy.no.35/AM admcasuring,\co-23gts. sy.no.35/AA1 admeasuring AcO 1 Sgts, sy.no.3li/AA2 admeasunng Aco- 1 5gts, sy.no_3S /AA3 admeasuring AcO- l5grs, sy.no.3S/LtJ admeasuring AcO- 38gts rn tht. r-rame of "Mission Kakathil.a, w,tthout conducting the surve) by fixing the boundaries of patta lands and not considering the rcprcsentation of the petitiont:rs datecl 8-4 2015 to rcspondent no.7 rs illegal, arbitrary and against prir-rciples of natural justice and pass such other ordcr orders... "

2. Heard Mr. X{.Vijaya Kumar Goud, learned counsel for petitioners and learned Assistant Government pleader for Irrigation and Command Area Development appearing for respondent Nos.1 to 5. :l fI 2 JAK, J wP I l04l 20t5

3. Learned counsel for petitioners submitted that petitioners are absolute owners and possessors of different extents of land in various survey numbers situated at Bommanpadu Village, Damaragidda Mandal, Mahabubnagar District and that they have been cultivating the said lands. That the revenue authorities have issued pattadar passbooks and necessary entries are made in revenue records. It is further submitted that respondent Nos.3 to 7 are en[ering into their lands and diggrng the agricultural lands under the guise of Mission Kakatiya. It is also submitted that any unlawful digging of lands and storing of rvater, u,ithout conducting survey of lands and without issuing notice, is violative of fundamental rights.

4. Learned Assistant Government Pleader for Irrigation and Command Area Development appearing for respondent Nos.1 to 5 submitted that it rs only for the purpose of removing accumulated silt in the tank bed of Godugoni Kunta, respondents have taken up de-silting work and that the lands of petitioner fall within the FuIl Tank Level (FTL) contour of the tank and remain submerged whenever the tank is filled with water. That petitioners are entitled to cultivate the land whenever the tank is in empty condition. It is further submitted I I I i I ! i I I I l i ; 3 JAK, J tYP 0-11 2015 that the accumulated silt in the tank bed is being removed under Mission Kakatiya, without disturbing the tank bed levels and bv not damaging the crops.

5. Heard learned counsels, perused the record and considered the submissions

6. As per the averments in the rvrit affidavit, petitioners are smal1 scale farmers owning dilferent extents of land (less than Ac.2.OO guntas) in various survey numbers situated at Bommanpadu Village, Damaragidda Mandal, Mahabubnagar District. It is observed from the q,ritten in structions placed on record that respondent authorities have taken up de-silting rr,ork of Godugoni Kunta Tank under Mission Kakativa. The follorving are the u'ritten instructions received bv the office of Gove rnment Pleacler for Irrigation ar-rd Command Area Developmen t: "It is to submit that the petitioncr Sri. Pedda Chandrappa S/o I-ate Balappa Age 57 yrs, Occ: Agriculrure R/o Bommalpadu (V), Damaragidda (M), Mahabubnagar (D) arLd others have filcd a Wrrt Petition No- 11041 of 2015 before the Hon'ble High Court praying to direct the respondents to issue a Writ of Mandamus declaring the acts of the respondents in digrqing the lands of the petitioners under "Mission Kakatiya" without conductirig survey by fixing the boundaries of the patta lands and not considering the representation of the petitioners dated 8-4-2O15 to the respondent no.7 is illegal arbitrary arrd against the a 3 .t I I l i L I l,l 1,1 1 :ti ,i t1 I 4 JAK, J wP I t04l 20t 5 principles of natural justrce and pass such other orders as tJ:e Hon'ble Court may deem frt and proper in lhe interest of justice. In this regard, it is to submit that The lands claimed by the petitioners are in Shikam lands and coming under submergence and shown as Godugoni Kunta as per khasra pahanr (1954-55) and in pahanis of l97L-72, 1974 75, 7975-76 ar.d 1976-77. These lands fall within the Full Tank Level (FTL) contour of the tank and remains submerged whenever the tank is full. The petitioners are entitled to cultivate the lands when there is no rvater in the tank. it is subrrutted that, the boundaries of survey numbers are fixed in the field and full tank level contour is a-lso hxed both in the licld and on village map. It is proposed to excavate the accumulated silt in thc tank bed wrthout disturbing the original profile of thc land. Even after removal of silt the lands in the tank bed can be used for Agricultural purpose r.r.hen the tank is in empty condition. The petitioners lands coming under submergence when tank receives water to its full capacrty i.e, F-IL and every time when tank receives water to its fult capacity the submerged lands receives silt. The accumulated silt in the tank is proposed to be remove in the present said Mission Kakatiya work. The petitioners lands falling under submergence @FTL) are under the Godugani kunta lands (waste lands i.e, Garaka chenu) as per the l<hasra pahani of 1954-55. It is vcry clear that since 1954 the petitioners lands are in shikam of tank and submerged under godugoni kunta (Tank) as per above records. From the phahanis of the years 1975-76 & 1976-77 it is shown that the petitioners lands are not under cultivation (Padalu). But from the Phahani of the year 1974-75 it is read that the petitioners lands under cultivation for the Kharif (Dry) season because the tank bund is in breached condition and water not stored in the tank. From the above Phahanis it is clearly revealed that the pattas given rn the tank bed falling under submergence for the petitioners are for the purpose of raising crops when the tank is in empty condition, even though the revenue authorities issued pattadar pass books to the petitioners. Hence they are entiLled to cultivate at the time when the tank is in empty condition. It is submitted that, under Mission Kakatiya only deposited earth above tank bed is proposed to be lifted from : ii' I ; \ 5 JAK, J wP l t04l 2015 the tank u.ithout disturbing the original Iand profile. It is not possible to form ridges or blocks in the sajd land by the farmers as the lands are in bed of tank and are in submergence r;ondition . Hence damagrng blocks or ridges canllot rise a;rd huge arnount spent on development on lands is far asav from the truth. The lands available after removal of silt can also be used for raising suitablc crops at the time u'hr:n the tank is in empty condition. The petitioncrs arc not dispossessed from lhcLr ialds, Ilcnce no compensation can be paid to the petitioners lancls. It is subrnilted that, the petitioner's lands which arc in tank bed are under submergence only reccived lrccumulated silt rs remo',,ed in Mission Kakatiya works without disturbing the tank bed levels and prohlc and capacity. The pattas given to the petitioners by the Revenue departmcnt for raising th,: suitable crops when the ta11k is in cmpty condition without taling consent from the Irrigation department. 'lhe petitioners are entitled to cultivate the lands r.l,hen thc tank is in empty condition and the petitioners arc not dispossessed from there lards. Hence compensation cannot be arranged for pattas falling under FTL r:ontour arrea of godugoni kunta at the time of carrSang out the work of removal of accumulated sitt in the talk bed area in the presence of petitioners. Removal of deposited silt from the tank is not an illega.l activity. Because the tarrk is proposcd to store watcr to its original capacity by remo.r,ing dcpositcd earlh. The tank bed is proposed to restore to its origrnal iand profile. Thereforc, it is prayed that this Honourable Court may pleasecl to dismiss the above W.P. ald be pleased to pass such otl-rer order or orders as this Hon'ble Court deems fit and proper in the circumstarces of the case and in the intercst of justice." 7 . On a perusal ol the contents of the written instructions, it is observed that r"rnder Mission Kakatiya prograrnme, de-silting \ /orks were taken up and the accumulated silt in the tank bed area was removed in the presence of petitioners. Removal ol deposited silt carnot be termed as illegal activity, removal of I 'ii 6 Jl\K, J wP I t04l 201 5 such silting would only improve the storing capacity of the tank, which would be helpful to the public at large.

8. On a perusal of the u,ritten instructions, it is observed that respondent authorities have not interfered with the possession of petitioners and it was only for the removal o[ deposited silt in the tank bed, they have taken up the activity. In view of the same, this Court is of the considered opinion that interests of justice would be met, if respondent authorities be directed to put on notice the pctitioners, rvhenever they have to take up arry work, such as de-silting of the tank etc.

9. For reasons aforesaid, no further adjudication is deemed necessary, the Writ Petition stands closed. No order as to costs. ' Miscellaneous applications pending, if any, shall stand closed. To, SD/. K.MADHAVI ISTANT REGISTRAR //TRUE COPY// SECTION OFFICER =---,!].

1. One CC to SRI M.VIJAYA KUMAR GOUD, Advo 2.TwoCCstoGPFoRlRRlANDCoMMAREADEV,HighCourtfortheState loPUCl of Telangana. [OUTI 3'TwoCCstoGPFoRREVENUE,HighCourtfortheStateofTelanganaat Hyderabad. [OUT]

4. Two CD CoPies. BSK - PSK Wk - ------:.r,='=-- ( THE S t4 o rJ * i I t'tAB 2020 r,A * I I I i I I I HIGH COURT DATED:1711112025 ORDER WP.No.11041 ot 2015 CLOSING THE WRIT PETITION WITHOUT COSTS g ^#€Acv\ &*