The Court made the following:

ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:-

“...to issue an appropriate writ, order or direction preferably a writ in the nature of Mandamus for declaring the action of the respondents in interfering with agricultural activities in private land of the petitioners to an extent of Ac.18.62 cents in Sy.No.777 of Gopavaram Village, Mahanandi Mandal, Nandyal district by removing the water pipeline connection from Telugu Ganga canal and obstructing passage of Tractors in Cart Track / Road to and from the subject land and not permitting the petitioners to lay bore well and apply electricity connection when the subject land is private agricultural land and the water pipe line and cart track / road is used from decades without any interference and when subject land including Cart Track / Road removed from the reserve forest vide resolution Forest No.141, dated 12.04.1901, issued by the Local Government as illegal, arbitrary and violative of Articles 12, 14, 19, and 300-A of the Constitution of India and direct the respondents not to interfere with agricultural activities in private land of the petitioners to an extent of Ac.18.62 cents in Sy.No.777 of Gopavaram village by obstructing passage of agricultural vehicles including tractors in Cart Track / Road to and from the subject land and permit the petitioners to restore the water pipeline connection from Telugu Ganga canal and permit them to lay bore well and apply electricity connection and pass such order / orders as this Court may deem fit in the circumstances of the case.”

2. The case of the petitioners is, briefly stated, as follows:

a. A land of Ac.18.62 cents in Sy.No.777 of Gopavaram village, Mahanandi Mandal, Nandyal district was assigned to Chinna Nandi Reddy in the year 1897 for the purpose of agriculture. It devolved on his legal heirs after him. The agricultural activities were carried out by drawing water from the nearby stream called ‘Dorvikaluva’. Vide resolution Forest No.141, dated 12.04.1901, issued by the local government, a cart track / road of three (3) yards width was demarcated and eliminated from the reserve forest and the right to use water of Dorvikaluva was recognized.

b. The same land was purchased by Damma Nageswara Prasad and Damma Lakshmibhai under a registered sale deed, dated 05.01.2004. Since then, they were in possession putting it for agricultural use. A fencing has been laid around the subject land to protect the wild animals to enter into the farm. Damma Nageswara Prasad and Damma Lakshmibhai and their legal heirs laid a pipeline connecting to Telugu Ganga canal to draw water therefrom to the land for agricultural use.

c. The legal heirs of Damma Nageswara Prasad and Damma Lakshmibhai partitioned the land vide a partition deed, dated 09.07.2018. The legal heirs of Damma Nageswara Prasad and Damma Lakshmibhai sold the land to the petitioners under registered sale deed, dated 28.09.2020 and to the petitioners Nos.1 to 5 under a registered sale deed, dated 15.10.2022. Since then, the petitioners have been in possession and enjoyment of the subject land without any interference from any one, including the respondents. There are several crops, including paddy, raised using water from the Telugu Ganga canal through the pipeline laid for 600 meters alongside the said cart track / road for decades.

d. This land is covered by the A.P. Forest Development Corporation. Eucalyptus plantation is on the west side till the Telugu Ganga canal and again continued till the main road. Eucalyptus plantation of the Forest Development Corporation is on the east and the south as well. On the other hand, on the northern side of the subject land, there is a cart track / road and beyond the track, there is forest.

e. The vendors of the petitioners filed W.P. No. 22221 of 2016 seeking direction to the respondents not to cause obstruction for the passage and carrying agricultur