THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI WRIT PETITION No.11364 OF 2015

ORDER:

This writ petition is filed with the following prayer:

“… to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the action of the Respondents in proposing construction of Tank (cheruvu) in the Petitioners’ land to an extent of Ac.4.38 gts in Sy.No.752 situated at Ragapuram Village, H/o.Burdha Ragahavapuram Revenue Village of Enkoor Mandal, Khammam District without issuing any Land Acquisition Proceedings as illegal, arbitrary, unconstitutional and violation of Article 300-A of Constitution of India and consequently direct the Respondents not to construct the tank (Cheruvu) in the Petitioners land without paying any compensation and pass such Order or Orders as this Hon’ble Court may deem fit and proper in the interest of justice.”

2. Heard Mr. Pulla Rao Yellani, learned counsel for petitioners, and learned Assistant Government Pleader for I & CAD for respondent Nos.4 to 6.

3. Grievance of petitioners is that a permanent water tank was sanctioned in the place of check-dam in their land, an amount of Rs.14.70 lakhs for construction of tank has been sanctioned, that if the said tank is constructed in their land, they would lose their livelihood as they are dependent on the said land. Case of petitioners is that they belong to Tribal community and for acquiring any land, the Government has to issue notification under Section 4(1) of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (for short, ‘the PESA Act’) and that too after consultation with Gramsabha/Panchayat/Special Officer. Learned counsel for petitioners invited the attention of this Court to the legal notice dated 20.03.2015 addressed to various authorities.

4. Learned Assistant Government Pleader for I&CAD, on instructions, submitted that due to the objections raised by petitioners, construction of tank has been dropped and the work has not been grounded and in view of the same, no further orders are necessary in this writ petition. Learned Assistant Government Pleader relied on the documents annexed to the writ petition and contended that it is only contemplated to undertake the work of construction of a tank instead of a check-dam.

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

6. An agreement dated 10.03.2015 for the work “Minor Irrigation – Mission Kakatiya – Restoration of Mutyalamma Cheruvu near Rangapuram, H/o.Rajalingala (V), Enkuru (M), Khammam District” was concluded between the then Executive Engineer, Irrigation Division, Khammam, and a contractor.

7. This Court on 20.04.2025 passed the following order:

“.. The learned counsel appearing for the petitioners submits that the Government is proposing to conduct digging operations in the lands of the petitioners while carrying on the project “Mission Kakatiya.”

On the other hand, the learned Government Pleader for Irrigation and Command Area Development appearing for the respondents would submit that the reconstruction work of the tank is carried on only in the tank area but not in the lands of the petitioners.

In view of the same, the respondents are directed to conduct a survey and after demarcation of the lands of the pattedars can proceed with the reconstruction of the work.

Post after Summer Vacation of 2015.”

8. Learned Assistant Government Pleader for respondent Nos.4 to 6 placed on record written instructions received from Executive Engineer, Irrigation Division No.3, Wyra HQ Khammam, dated 22.10.2025, and they are as follows:

“… It is to submit that, the agreement for the work for “Mission Irrigation – Mission Kakatiya – Restoration of Mutyalamma cheruvu near Ragapuram H/o Rajalingala (V), Enkuru (M), Khammam (D) vide reference 2^nd cited was concluded between the ten Executive Engineer, Irrigation Division, Khammam and contractor Sri M. Raghuram Prasad, S/o. Subbaraya Sharma, H.No.4-138, Buradaraghavapuram (V), Enkuru (M), Khammam