1. Bandi Krishna Reddy v. consequently direct the

Petition tJnder Section 151 CPC praying that in the circumstances stated in the affidavit fileri in support of the petition, the High Court may be pleased to direct the respondentr; 2 to 5 not to include patta lands of the petitioners in the Kakatiya Mission scheme or any other Governmental Schemes without following due process of law, pending disposal of the writ petition in the interest of justice. Counsel for the Petitioners : SRt M.PRATHEEK REDDY Counsel for the Respondent Nos.1 to 4 : Ms. DARA HARITHA KIRAN, AGp FoR REVENUE counsel for the Respondent No.5 : Ms. SWATHT, AGp FoR lRRl AND coMM AREA DEVELOIOMENT The Court mader the following ORDER n THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI UIRIT PETITION No.5273 OF 2016 ORDER: This writ petition is filed with the following prayer: "...to issue Writ, order or direction preferably Writ of mandamus, declaring the action of the Respondents 2 to 5 in trying to include subject patta lands of the petitioner admeasuring Ac.32.0O in Sy.Nos.29, 30, 31, 13, 11 and L2 situated at Adavimallela Village, Penuballi Mandal, Khammam District in to Kakatiya Mission scheme without initiating Land Acquisition Proceeds and without notice is illegal, arbitra4r, contrary to record and violative of principles of natural justice and consequently direct the respondents 2 to 5 not to interfere with the possession of the petitioners in any manner in respect of the subject lands and to pass..."

2. Heard Mr. M.Pratheek Reddy, learned counsel for petitioners, Ms. Dara Haritha Kiran, learned Assistant Government Pleader for Revenue and Ms. Swathi, learned Assistant Government Pleader for lrrigation and Command Area Development for respondents.

3. It is the case of petitioners that respondent Nos.2 to 5 are trying to include the subject patta lands admeasuring extent of Ac.32.00 guntas in Sy.Nos.29-31, 11-13 situated at Adavimallela Village, Penuballi Mandal, Khammam District, in the "Kakatiya Mission" schesre- It is further the case of petitioners that it is their ancestral property and the same is JAK,J wp_5273 2016 being interfered with by respondent authorities under the 2 I \t pretext <>f Mission Kakatiya.

4. It is submitted by learned counsel for petitioners that locally these lands are called as 'Chintalakunta Tank Lands' and pric,r to thc construction of L.ankasagar Project, the said lands ursed to submerge due to rain rvater. After the construc:tion of Lankasagar Project, there is no inflow of water and that due to political reasons, authorities are not trying to include these patta lands for development of Chintalakunta Tank.

5. It is submitted that if respondent. authorities are intendinll to take up any land for the project, acquisition of lands by following due procedure (under the Land Acquisition Act) is :;ine qua non It. is pointed out that the action of respondents in trying to include the subject lands in Mission Kakatiya is illegal and violation of the principles of natural justice a:rd that act of the respondent authorities to include their larrds in Mission Kakatiya, without initiating Land Acquisition Proceedings, is per se illegal. Hence, writ petition. JAK,J wp_5273 2016 6. Learned Assistant Government Pleader for Irrigation and 3 Command Area Development for respondent No.S invited the attention of this Court the counter affidavit frled by respondent No.S and submitted that petitioners'lands claimed as Patta lands are coming under the submergence of Chintalakunta Tank. That the tank was constructed during the time of Nizam and petitioners are enjoying the lands, when there is no water in the tank. That the tank is an identified tank and the restoration work was taken up under the Mission Kakatiya with repairs to weirs, sluices, reconstruction of damaged. structures and removal of accumulated silt'

7. It is submitted that the purpose of constructing the tank is to store the natural rain water received from the catchment area. It is further submitted that the water body is unable to supply water to the ayacut under the sources due to build up of silt in the bed of the tank. It is also submitted that patta lands of petitioners mentioned in the affidavit are actually submerging during every rainy season and that department is helping the ayacutdars by restoring the existing tanks to store sufficient rain water so that they can get water to their fields' 4

8. JAK,J wp_5273 20t6 It. is submitted that the entire 1and falls within the FTL and exclusively belongs to the tank. It is pointed out as per section 47 of Andhra pracresh (Telangana Area) Irrigation Act, 1357 F,lsli, patta for the bed land of tank shail not be granted nor the existing occupancy rights continued where the tank is utilised as water reservoir under a canal or channel. Hence, petition,:rs claim not to include in Mission Kakatiya, without land acquisition proceedings, is against the Irrigation Act. Lastly, it is submitted that writ petitioners are now cultivating their lands and the respondent authorities has never interfered rvith tht: peaceful possession. It is further submitted that Governrrrent cancelled all the administrative sanctions previousiy accorded vide G.o.Ms.No. 190, dated rg.o2.2016. That pettioners are in peaceful possession and enjoyment of the lands, without any interference over their patta lands.

9. Lea-:ned counsel invited the attention of this .court to G.o.Ms-No.19o and G.o.Ms.No.135, to buttress the contention that Gos are intendecr for the benefit of restoration of irrigation tanks uncler Mission Kakatiya, so that there are ampre sources of water fcrr the purposes of agriculture. 5 JAK,J wp-5273-2016 10. Learned Assistant Government Pleader for Revenue for respondent Nos.l to 4 invited the attention of this Court to Paragraph Nos.3 to 6 of counter affrdavit and submitted that as per Village Naksha, there was a tank existing in Sy.No.29, called as chintalakunta tank. That the irrigation authorities fixed the FTL level of the said chintalakunta tank, that land admeasuring Ac.29.31 guntas is coming under the FTL atea, covered. with water and the land to an extent of Ac.I4.29 guntas, though coming under FTL, it is under cultivation. That the total FTL extent is Ac.44.20 guntas. Pointing to paragraph No.6, it is submitted that pass books were issued to certain petitioners and other Ryths, covered under the said areas of Chintalakunta tank. Learned counsel has pointed out to the tabular columns and submitted that as per the revenue records and Kasra Pahanis for the year 1954-55, the lands are patta lands and the details are recorded in the tabular columns, which are as follows: Sl.No. Sy.No. Extent Pattadar Occupant 1 2 4 5 11 t2 13 29

8.13

8.38

20.27

10.00 Pullakandam Satvanarayana Pullakandam Satvanarayana Pullakanrlag. Satvanarayana Pullakandam Satvanaravana Pullakandam Venkatapunrshotham Pullakandam Venkatapurushotham Pullakandam Venkatapurushotham Pullakandam Venkatapurushotham 6 JAK,J wp_5273 2016 6 7 30 31

8.17

7.1r Pullakandam Satyanarayana Pullakandam Satyanarayana Pullakandam Pullakandam Venkatapurushotham sl. No. I Krishna S/o Na:ne of the pass Book Holder Bandi Recdy venktrama Nae.simha Reddy 2 Chitkuru Jagan Mohan Reddy S/o Raghava Reddy Bonam Sanjeeva RedCy S/o Pitchi Redly Bonam Pitchi Redd-v S/o Pulla Reddy 3 4 5 6 7 Bonrrm Krishna Redrly S/o Pulla Redrty Banrli Shanthamma W /o Tirupathi reddr, Ban<li Nirmala W/o Krishna Reddy Pass Book No. 208495 Khata/ PattaNo. 57 Sy.No. Extent Remarks Lr/A t3/^^l t /^ 3r /^/ AAI t

2.27 2.Ot 1.10

3.09 o.L4 2.24

3.2r

3.00

1.16 3.06 2L84rO 55 2e/ r/ A 218415 2t8408 218403 6L 40 L2 2t8448 t76 L3/ 2e12 ^^/2/^ s0/2 30lt lA 30/r /E l l/EE 2t84t4 60 t3/ AA/ t lA

4.23 A P-l in the present WP P-2 in the present WP P-4 in the present WP P-5 in the present WP P-6 in the present WP P-7 in the present WP P-8 in the present WP

11. It is submitted that the tank originally belongs to Panchayat Raj department, later transferred to Irrigation departmr)nt. and works were sanctioned. It is lastly pointed. out that due' to objections raised by the petitioners, irrigation authorities have not taken up any works in the said lands and have not interfered and. the Mission Kakatiya works were cancelled in 2018. Learned counsel has pointed out to JAKJ wp_5273 2016 documents annexed at Page Nos.21 to 39, which ate the 7 Pahani Patrikas for variotrs years.

12. Learned Assistant Government Pieader has invited the attention of tJlis Court to column No.S (Kittha Bhoomi Peru) to the Pahani Patrikas, wherein it is reflected as follows: "Banjara Kunta Shikam". It is pointed out that though it is reflected as Shikam Patta Bhoomi, in column No.7 (Patta Inarn leka Sarkari Bhoomi), it is reflected as 'Patta'.

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

14. State Goternment took up Mission Kakatiya scheme for restoring minor and major irrigation tanks spread across the State of Telangana. Various tenders were floated for repairing of sluices, weirs, construction of collapsed bunds and desilting of sand and. mud from the floor of tanks. As a part of the scheme, chintalakunta cheruvu, which is the subject matter in writ petition, repair works, restoration works were to be taken up in survey numbers i.e., Sy.Nos. 11-13 and 29-31. JAK,J wp_5273 2016 15. It: is evident from the record that lands of the petitioners 8 (patta lands) are under the FTL limits and during rainy season, they cernnot be cultivated because of the water in the lands- In the counter affidavit of the Revenue d.epartment, it is averred that F"lL levels have been indicated (at Paragraph No.4). It is also indicated (at Paragraph No.3) that as per the Kasra Pahanis of year 1954-55, lands are patta lands of petitioners, tabular column is given by the Tahsildar.

16. It is the case of Irrigation department that as per Section 47 of r\ndhra Pradesh (Telangana Area) Irrigation Act, i357 Fasli, Iands which are under FTL cannot be given as patta lands. lt is also the case of Irrigation Department that the tank has be,:n in existence from the Nizam period. That it is the Revenue department which is the store house of records indicating the survey numbers, land.s under cultivation and the classification of lands. The concerned Tahsildar in his counter affrdavit stated that 1954-55 Kasra Pahanis revealed that thr:y are patta lands, though it is also reflected that the said peLtta lands are falling under FTL, yet they are being cultivated during offseason. g JAK,J wp_5273 2016 17. The total FTL area is around Ac-44.2O guntas' Issue pertains to taking up of Mission Kakatiya works in the tank area in sy.Nos.29 to 31, 11 to 13. Grievance of petitioners is that the entire lands being patta lands, Government, without acquiringtheland,cannot-interferewiththeirpeaceful possession.onaperusalofthenraterialonrecord,itis observed that the apprehension of the petitioners is misconceived. Mission Kakatiya program is only for renovation of water tanks or water bcldies for the public purpose so as to provide water facilities to the agriculturists/ayacutdars by storing water. It is not the casc of petitioners that there is no tank existing in the said. survey numbers and their lands are not submerged. under the FTL during the rainy season' It is alsonotthecaseofpetitionersthattheyarenotbeing permitted to cultivate their agricultural lands during offseason' 1g. Tank is an identified tank as per Irrigation department' once a tank is identified by the lrrigation department, this court does not find any infrrmity in restoring the tank by carrying out repair works for the larger public purpose' so as toprovidewaterfacilitiesforayacutdars.Atthesametime,it is not the case of respondent authorities that it is not patta ..1 JAK,J wp_5273_2016 land. Lands being patta lands, respondent authorities cannot IO interfere without following due process of law. In the facts and circum,stances of the case, respondents are only tryrng to restore the minor irrigation tank, though in patta rands of petitioners. Petitioners cannot have any grievance as long as the minor irrigation tank is being restored for larger public interest. It is the not the case of petitioners that lands are being termed as Government lands. From the record, it is observed that they are patta lands and as per the counter affidavil. filed by the Revenue department. petitioners cannot have any grievance, if a tank is being restored for rarger public purpose , at the same time, respondent authorities cannot interferr: into the peaceful possession of patta lands of petitionr:rs. If in future, if respondent authorities are inclined to take up any restoration works, the same shall be done in accorda::rce with law by putting notice to the petiticners.

19. ort 24.1r.2025, the concerned off,rcer was present in the court along with the record. on instructions, learned Assistant Government Pleader submitted that though the nomenclature is said to be Banjara Kunta Shikam in the revenue records, the subject property is private patta land. ' * p-sznffila This Court is not inclined to delve into all those aspects, as it is observed from the counter affidavits filed that they are patta lands under the submergence of the FTL during rainy season. It is mad.e clear that this:Court has not expressed any opinion on the classification or title of lands, it has only taken note of what has been averred in the counter affidavits hled.

20. With the above observations, Writ Petition is disposed of' No order as to costs. Miscellaneous applications pending, if any, shall stand closed. //TRUE COPY// SD/. A.H .S. GOWRI SHANKAR STANT REGISTRAR SECTION OFFICER ry, (Revenue) Secretariat, Telangana at To

1. The PrinciPal Secreta Hvderabad. The District Collector, Khammam ndent, P FOR Khammam Khammam District. Superinte CCs to G Hvderabad. TOUTI 2 Revenue Divisional Officer, Khammam. 3. The 4. The Tahsildar, Penuballi Mandal, Khammam District. 5. The 6. Two 7. Two ccs to odrbn tRRt AND COMM AREA DEV(TG) 'High s afl"""3 f 'Sffi il?Ai#''jElli At SBu":^d vo cate ro 9. Two CD CoPies w lniqation Circle, nEvrNUe, High Court for the State of Telangana at court for the p u cl SA BS I IJ AT E i TB t t) lls ;: HIGH COURT DATED:2511112025 ORDER WP.No.5273 of 2016 DISPOSING OF THE W.P WTHOUT COSTS *e