THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI WRIT PETITION No.9734 of 2015

ORDER:

This Writ Petition is filed seeking the following relief:

“…to issue an order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ declaring the action of respondent No.1 in including the private kunta named “PACHARLA KUNTA” situated in part of the agricultural land an extent of 23 acres in Sy.Nos.163/అ and 163/ఆ situated at Chillapally H/o. Siripuram Revenue Village of Manthani Mandal of Karimnagar District in G.O.Ms.No.22, dated 04.02.2015, and intended to expand the said kunta in the entire extent of the petitioners said agricultural land, without initiating the land acquisition proceedings and without paying any compensation and without allotting equal extent of the land having equal value, is nothing but arbitrary, illegal, null and void and violative of Articles 14, 19, 21 and 300-A of the Constitution of India and also contrary to the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Consequently, direct the respondents not to dig or expand or dealt with in any manner in regarding with the agricultural lands of the petitioners an extent of 23 acres in Sy.No.163/అ and 163/ఆ, situated at Chillapally H/o. Siripuram Revenue Village of Manthani Mandal of Karimnagar District and to pass such other order or orders....”

2. Heard Mr.K.Venumadhav, learned counsel for petitioners, Ms.S.Swathi, learned Assistant Government Pleader for Irrigation and Command Area Development appearing for respondent Nos.1 to 3 and Ms.Dara Haritha Kiran, learned Assistant Government Pleader for Revenue appearing for respondent Nos.4 and 5.

3. It is the case of petitioners that respondent No.1 issued G.O.Ms.No.22, dated 04.02.2015 (Annexure-I), at serial No.15 is Pacharla Kunta, shown as tank, proposed for restoration under “Mission Kakatiya”. It is contended that in the name of restoration of tank under “Mission Kakatiya”, official respondents are trying to expand the kunta into private property i.e., Agricultural land in Sy.Nos.163/అ and 163/ఆ, situated at Chillapally H/o Siripuram Revenue Village, Manthani Mandal, Karimnagar District, thus, violating petitioners’ fundamental rights.

4. Learned counsel submitted that as per the adangals/pahanies (at Page Nos.16 and 18) of petitioner Nos.1 and 2, entire land is patta land.

5. Today, when the matter is called, learned counsel for the official respondents placed on record a copy of letter, dated 22.10.2025 addressed by the Executive Engineer, I & CADD., Irrigation Division No.4, Manthani Irrigation Circle- Peddapally to the office of Government Pleader for Irrigation & CADD. The contents of the letter are as follows:-

“With reference to the subject cited, it is to submit that Writ Petition No.7934 of 2015 filed by Sri Gummadi Rajaiah and 2 Others R/o Siripuram Village, Manthani Mandal, Karimnagar District (Present Peddapally District) before the Hon'ble High Court claiming that PACHARLA KUNTA situated in part of the agricultural land an extent of 23 acres in Sy.Nos.163/అ and 163/ఆ situated at Chillapally H/o Siripuram Revenue Village of Manthani Mandal of Karimnagar District in G.O.Ms.No.22 Dated 04.02.2015 and intended to expand the said kunta in the entire extent of the petitioners said agricultural land without initiating the land acquisition proceedings and without paying any compensation.

In this regard, the Deputy Executive Engineer, Irrigation Sub-Division No.1, Manthani vide ref.2^nd cited has submitted that the proposed PACHARLA KUNTA (UID No.30240900702301 and GEO.ID.No.795841187101) situated in Chillapally village in Manthani Mandal of Peddapally District. The tank having ayacut of 30.00 Acres and the tank was feeding by the local streams. The tank was proposed in Telangana State Mission Kakatiya Programme Phase-I in the Year of 2015, vide GO.Ms.No.22, Dated 04.02.2015, in which annexure No.1, serial