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SUREPALLI NANDA
Jakkula Srinivas Reddy – Appellant
Versus
State of Telangana – Respondent
ORDER :
Heard the learned Counsel for the Petitioners and the learned Government Pleader for Irrigation Department.
THE PRAYER SOUGHT FOR BY THE PETITIONER IN THE PRESENT WRIT PETITION IS AS FOLLOWS :
2. The Petitioners filed this petition to issue a Writ Order or direction more particularly one in the nature of WRIT OF MANDAMUS to declare the action of the Respondents 2, 3 and 6 in taking the Canal through the lands of the Petitioners herein situated in Sy. No.s 519, 521, 538, 130 and 131 of Manoharabad Village and Mandal Medak District as illegal arbitrary and unfair and violative of Articles 14, 21 and 300-A of the Constitution of India and opposed to the principles of natural justice and consequently restrain the Respondents No.2 and 3 from laying the Canal through the lands of the Petitioners herein without following due process of law.
3. The Counter Affidavit filed by Respondents No.1 to 3 and the relevant paras 18, 19 and 20 are as follows :
The court established that extraordinary jurisdiction is not a substitute for civil law remedies in property disputes, especially when public safety is at stake.
The central legal point established in the judgment is the consideration of technical aspects and feasibility in disputes over irrigation facility and water rights.
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