The High Court · 2025

Petition under Article 226 of the Constitution of lnc ra praying that in the circumstances stated in the affidavit filed therewith, the Hlgh Court may be pleased to issue a Writ, Order or direction, more particula r y one tn the nature of WRIT OF IVANDAIVUS, seeking to declare the action of il.: Respondent No.b in not consider the representation dt.03i02/2025 in Praja r rni against unofficial respondents No.7 to 9 as illegal, arbrtrary, unjust, violative ,rf prinr:iples of natural justice, violative of Art.14, 300-4 of the Constitutron of ln<lr L consequenfly direct the Respondent No.5 to initiate necessary action against li,3 contractors for their ind iscriminately excavation hill of Vattem village, Bijinepalll, rlandal, Nagarkurnool District pending disposal of the writ petition. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the r:i cumstances stated in the affidavit filed in support of the petition. the High court rr;:y be pleased to drrect the Respondent No.5 to initrate necessary action against tr ) contractors for their indiscriminately excavation hill of Vattem village, Bijinepa y "1andal, nagarkurnool District pending disposal of the writ petition. Counsel for the Petitioners: SRI M. RAMESHWAR RAO Counsel for the Respondent Nos.1 to 4: GP FOR lRRl ANt) 3OMM AREA DEV Counsel for the Respondent Nos.S and 6: GP FOR REVEf\ t E Counsel for the Respondent Nos.7 to 9:--- The Court made the following: ORDER .-ffiry THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.1569O of 2O25 ORDER: This writ petition is filed seeking lollowing relief "to issue a Wit Order or direction rnore parlicltlarlg one tn the nature of WRIT OF MANDAMUS seeking to declare the action oJ the Respondent No.5 tn not considering the representation dt.03/ 02/ 2025 in Prajoudni ogainst unofftcial respondents Nos.7 to 9 as illegal, arbitrary, unjus| violatiue of pinciples of natural juslice, uiolative of Art. 14, 30O-A oJ the Constitution of lrulia and to consequentlg direct the Respondent No.S to [nitiqte necessary action agatnst the contractors fo, their indtsciminately excauation htll of Vattem uiltage, BiLnepally Mandal, Nagarkurnool Dtstict pending disposal of the writ petition and pass."

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

3. It is stated that the petitioners are agriculturists in their viliage. It is further stated that the Government started constructing a prestigious lrrigation Project by name Venkatadri Reservoir Bund under Palamoor Ranga Reddy Lift Irrigation Scheme, situated at Vattem Village, Bijinepally Mandal, Nagarkurnool District by investing 1300 crores for the purpose of agriculture in Nagarkurnool, Achampet, Kalwakurthi area and welfare of farmers. It is further stated that, respondent Nos.7 to 9 were awarded the contract for formation of bund and revetment work and other allied works as per approved drawings and designs of Chief Engineer, Central Designs Organization, Hyderabad. The grievance of the petitioners is that respondent 2 :$ Nos.7 to 9 are carrying out construction u,ithout qurLL.ry and arc not hlling concrete from belou, revctment and arc not following ; e st andard me asure s for c:rrrying out the n ork ar-rd as such, there is every :rossibility of re scrvoir bund bcing damaged.

4. Learned Government Pleader for lrrigation har; pl:rce,_l on the record the written instructions vide Lr.No.EEllrri/Dn.4 / \CKLI DBI TO /2024- 25 /321M, dated 07 .O2.2025 wherein it is stated that f, rr construction of five reservoir under PRLIS Scheme, Iarge quantity of BC ll rils lor Ijcarting Zonc: and other soils lor diffcrent zoncs required and for tt-ris huge reseruoir works and the Chief Engineer, PRLI Scheme, Hyderabad has identrfied thc nearbv Minor Irrigation tanks for the rcspective Reservoirs un ler pl?LI Scheme, for utilizing the B.c. soils available from these M.l tar-rks ir:, it is treneficial to thc PRLI Scheme and also to fulfill the objective of Missior: Kakatiya to increasc the r:apacity of Mission Kakatiya tanks. It is furrrrer s1_ated that, thr: J Government of Telangana has startcd " Mission Ka < I til ir" programme to bring back the glory to tank irrigation, under (.O.MS.No.44, Dated

13.03.2015 in which the Government has issued guirl,:lines for Desilting of required tanks. However, the Agency may obtain BC sc, ls/Morum soils from patta lands with permission of pattadars subjected to s atisfying the tests as per agreement conditions. It is also stated that with rt gard to the lifting of casing soils by blasting at Vattem Gutta, i.e., Governn ent poramboke land :::1*l-'ffi .' : -- ' f / 3 to an extent of Ac 60.00 Gts is identificd in Sy.No,366 to Setup R&R colony for the 466 PDFS/PAFS of Anekhanpaliy village, Anekhanpally Thanda, Karukonda Thanda of Karukonda village, Ramreddipally Thanda of Vattem village of Bijinepally Mandal and Zegutta Tanda Pothireddipally (GP) of Thimmajipet Mandal which are coming under submergence of Venkatadri Balancing Reservoir. I t is further stated that, the Collector & District Magistrate, Nagarkurnool has accorded permission for Excavation and Levelling in Sy.No-366 to HtrS-PCIL-NCC(IV) and also to use the excavated soils for thc construction of the cmbarikment in the specified reaches mentioned by the agency. It is further stated that, the work was executed as per design parameters, technical specifications, agreement conditions with proper Quality checks and with necessary permissions from the competent authorities only. It is further stated that, the execution of Venkatadri Reservoir is done as per specificertions and IS Codes and approved Designs drawings and parameters.

5. In view of thc written instructions submitted by the leamed Government Pleader for lrrigation that there is no violation of the terms and conditions of the contract and alsc necessary permissions have been obtained by the District Collector for execution of lifting of casting soils by blasting at Vattem Gutta, i.e., Government poramboke Iand to an extent of I I 4 .:, Ac 60.00 Gts is identified in Sy.Irio.366 and this Ctorrrt is ,rf the opinion that the r.r'rit petition filed is devoid of merits and is Iiat>r r 1o be dismissed.

6. Accordinglv, the writ pctirion is dismissed. N. ,rdcr as to costs. As a sequel, the miscellaneous petitions pt:rr linq, ;f any, shall stand closed I 1 I To, //TRUE COPY// T. SRINIVASA REDDY SI),. ,\j T##.,.

1. One CC to Sri M. Rameshwar Rao, Advocate [OPl..]L)l 2. Two CCs to GP for lrrigation And Command Area ftr velopment, High Court for the State of Telangana, at Hyderabad [OUT]

3. Two CC to The GP for Revenue, High Court for the S.ate of Telangana, at Hyderabad[OUT] 4. Two CD Copies TJ GJP 4l/ 1 t l .,./'. ,a'...')' ::\. ('-,:.':1\ .', 1i itH 7i25 ,,i ._ .1 ,,t, - _ . \, .,_..,,.. " - :-:.2'/ HIGH COURT DATED:1810612025 ORDER WP.No.16690 of 2025 DISMISSING THE WRIT PETITION WITHOUT COSTS g 4t o //3