THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI

ORDER:

This Writ Petition is filed seeking the following prayer:

“…to issue a Writ, or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No. 3 and 4 in interfering with the petitioners peaceful possession and enjoyment over the property of land admeasuring Ac. 10-39 guntas in Sy. No. 52/E situated at Shambunigudem Village, Tekulapalli Mandal, Khammam District under the guise of Mission Kakathiya Scheme without following the due process of law is illegal, arbitrary, against the principles of natural justice and violative of Article 14, 16, 19 and 300-A of Constitution of India and consequently direct the Respondents not to interfere with the peaceful possession and enjoyment of the petitioners property of land Ac. 10-39 guntas in Sy. No. 52/E situated at Shambunigudem Village, Tekulapalli Mandal, Khammam District and pass such pass.”

2. Heard Mr. Narasimha Rao, learned counsel, representing Mr. CH.Venkat Raman, learned counsel for petitioners and learned Assistant Government Pleader for Irrigation and Command Area Development appearing for respondent Nos.1, 3 and 4.

3. Learned counsel for petitioners submits that petitioners are owners of land admeasuring Ac.10-39 guntas in Survey No.52/E, situated at Shambunigudem Village, Tekulapalli Mandal, Khammam District. It is submitted that on 06.04.2013, respondent Nos.3 and 4 entered high handedly with JCB’s and Tractors accompanied by police force and tried to commence the excavation work under mission Kakathiya and also to dispossess the petitioners on the ground that their lands are near Erracheruvu. Learned counsel invited the attention of this Court to pahanies at page Nos.11 and 12 and also to adangal pahani annexed along with the writ affidavit from page Nos.17 to 32 to address the contention that the said lands are lands of petitioners and that representation dated 07.04.2015 (annexed as Ex.P1) is not considered. Hence, this Writ Petition.

4. Learned counsel for petitioners submitted that respondent authorities cannot interfere with the peaceful possession of the property of petitioners, without following due process of law, on the ground that excavation work needs to be carried out under the Mission Kakatiya. It is further submitted that interfering with petitioner’s peaceful possession and enjoyment, without following due process of law, is violation of Article 300-A of the Constitution of India and seeks a direction to respondent authorities not to interfere with the peaceful possession.

5. Learned Assistant Government Pleader for Irrigation and Command Area Development appearing for respondent Nos.1, 3 and 4 submitted that Erra Cheruvu is a minor irrigation Tank, serving an ayacut of 30 Acres. It is further submitted that no excavation work was carried out in petitioners’ land. That the strengthening of bund work and construction of sluice, weir, were taken up for Erra cheruvu and was completed in 2015. It is also submitted that petitioners were not dispossessed, as contended. Learned counsel placed on record written instructions dated 24.04.2023 received by the office of the Government Pleader along with Tank photos from Executive Engineer Irrigation Division No.3, Yellandu.

6. Heard learned counsel, perused the record and considered the submissions.

7. Grievance of petitioners is that respondent authorities are interfering with the peaceful possession and enjoyment of property of petitioners on the ground that excavation work has to be carried out in Erra Cheruvu-minor Irrigation Tank. It is the specific case of petitioners that respondent authorities cannot interfere without following due process of law and hence, is violative of Article 300-A of the Constitution of India.

8. Written instructions placed on record speak otherwise. The following are the contents of the written instructions:

“Erra Cheruvu is a Minor Irrigation tank under the control of Irrigation Division No.3, Yella