HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI

WRIT PETITION No.10166 OF 2015

DATE OF ORDER : 15.12.2025

Between

Smt. Rama Sahayam Madhavi,

W/o. Jayanth Reddy,

Aged about 38 years, Occ: Household,

R/o. Palair Village, Kusumachi Mandal,

Khammam District.

.. Petitioner

And

The State of Telangana

Rep. by its Principal Secretary, Irrigation & CAD Department,

Secretariat, Hyderabad and 4 others

.. Respondents

O R D E R:

This Writ Petition is filed seeking the following prayer:

“…to issue direction order or writ one in the nature of mandamus while declaring the impugned action of respondents No.1 to 3 in interfering into petitioners private patta lands in Survey No.155, 172/A, 173/A admeasuring 29 Acres 34 Guntas situated at Paleru Revenue Village now Kothur Village Kusumanchi Mandal, Khammam District in the absence of any records such as Survey report/demarcation report from Revenue Officials chiefly from respondents No.4 & 5 in the guise of local all as Kamati Kunta as illegal arbitrary and discriminatory caprice besides violative of fundamental rights u/art 19, 14, 21 r/w 300-A Constitution of India and consequently direct the respondents No.1 to 3 not to interfere with the petitioners

private patta Land supra and pass such other orders…”

2. Heard learned Assistant Government Pleader for Irrigation & Command Area Development appearing for respondents.

3. On 29.10.2025, learned counsel for petitioner on record submitted that No objection Certificate has been given on the request of petitioner, hence, notice was directed to be issued to petitioner, returnable in two (02) weeks. On 08.12.2025, when the matter was taken up for hearing, it is observed from the record that notice sent to petitioner is not yet returned (served), and matter was posted to 15.12.2025. Today, when the matter is taken up, it is observed from the record that notice sent to petitioner returned unclaimed (door locked), it is also noticed that door was locked on 15, 16, 18 & 19, November, 2025 and on 24.11.2025, it was unclaimed. Hence, deemed service. No vakalath is filed on behalf of petitioner till date. Matter pertains to 2015, a decade old matter, matter is being disposed on merits.

4. It is the case of petitioner that respondent Nos.2 and 3 are proposing for de-siltation of private agricultural land of petitioner admeasuring Ac.29.34 guntas, in Sy.Nos.155, 172/A, 173/A, situated at Paleru Revenue Village, Kothur Village, Kusumanchi Mandal, Khammam District, under Mission Kakatiya Scheme of Kamati Kunta, without there being any survey report, in spite of the said extent of land, being a private patta land (as reported by respondent No.5). That action of respondents is violative of fundamental rights and dehors the Construction of Tanks and Kuntas in Private Patta Land Rules, 1950 (for short ‘the Rules 1950’) read with Andhra Pradesh (Telangana Area) Land Revenue Act, 1317 Fasli (for short ‘the Act’).

5. It is averred in the affidavit that petitioner’s husband’s forefathers were farmers, they raised small bunds in their land and used to cultivate the land. That the said bunds were used as passage by other farmers to their fields. It is further averred that the land of petitioner was in low lying area, it was called as Kamati Kunta, gradually uttered as Komati Kunta, without any extent of Ayacut area. It is also averred that as per the revenue records, the said patta land is standing in the name of forefathers of petitioner’s husband and thereafter came to be devolved on lineal descendants.

6. It is averred that at no point of time, there is any lake or pond. It is further averred that respondent No.1 identified the tanks, lakes, ponds built in Nizam Regime for Public in the State of Telangana and entrusted the project to respondent Nos.3 to 5 for implementation of Mission Kakatiya Programme.

7. An e-procurement notice bearing Nos.47/2014-2015 to 70/2014-2015 was issued by respondent No.3 by way of a paper publication on 02.03.2015, ca