THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI WRIT PETITION No.30216 OF 2017

ORDER:

This writ petition is filed with the following prayer:

“… to issue Writ Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent Nos.6 to 8 in trying to constructing the check dam in the petitioners patta land in Sy.No.41 to an extent of Ac.0.12 gts., in Sy.No.42 to an extent of Ac.6.20 gts., situated at Jedcherla Shivar and Mandal, Mahabubnagar District and without issuing any notice to the petitioners is illegal, arbitrary and unconstitutional and violative of Article 300-A of Constitution of India and consequently direct the respondents 6 to 8 not to make any construction activity in the petitioners patta land in Sy.No.41 to an extent of Ac.0.12 gts., in Sy.No.42 to an extent of Ac.6.20 gts., situated at Jedcherla Shivar and Mandal, Mahabubnagar District and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.”

2. The specific case of petitioners is that respondent Nos.6 to 8 are trying to construct a check dam in the petitioners patta land in Survey No.41 to an extent of Ac.0.12 guntas and in Survey No.42 to an extent of Acs.6.20 guntas situated at Jedcherla Shivar and Mandal, Mahabubnagar District.

3. Learned Assistant Government Pleader for Irrigation placed a copy of written instructions dated 12.07.2022 of the Executive Engineer, Irrigation Division No.4, Mahabubnagar, contents of written instructions are as follows:

“… It is submitted that the petitioner statement saying that a construction of Check Dam activity in their patta land Sy.No.41 and 42 is totally false and baseless as no Check Dam is either proposed or constructed in the above Survey Numbers.

It is submitted that the Government of Telangana has sanctioned administrative approval for the work of "Restoration of Seir Kunta, Jadcherla Village & Mandal, Mahabubnagar District for Rs.21.87 Lakhs under Mission Kakatiya Phase-III vide G.O.Rt.No.248. Dt.16.03.2017 of I&CAD Department (Copy enclosed). The work was awarded to Sri. P. Praneel Chander, Contractor of Jadcherla vide EE/IB Division, Mahabubnagar Agreement No.356/2016-17 Dt.30.03.2017 (Copy enclosed). The Tahsildar, Jadcherla was informed that as per village map of Jadcherla the Seri Kunta is located in Sy.No.42 of Jadcherla village and the Survey number is classified as patta land vide Letter No.B/11141/2018, Dt.20.06.2018 (Copy enclosed).

In view of the above court case and as per the information of the Tahsildar the work of Seri Kunta was recommended for cancellation by the department to the Government. The Government has given the instructions for the cancellation of the work of Seri Kunta vide Govt. Memo Nos.3575/MK/A2/2019-1, Dt.26.09.2019 to the Chief Engineer, Minor Irrigation, Hyderabad. The work was cancelled by the Chief Engineer, Minor Irrigation, Hyderabad vide Proceeding No.DCE-1/OT2/AEE1/MBNR/ Cancellation/Seri Kunta, Jadcherla (V&M)/2019, Dt.27.12.2019. (Copy enclosed).

The petitioner without having the knowledge of difference between construction of Check Dam and Restoration of Minor Irrigation tank, field a case in the Hon'ble High Court. Even though the department has not taken up any construction activity in the above said patta lands of the petitioner and cancelled the work of Seri Kunta.

In view of the above, I request the Government Pleader for Irrigation & CAD Department for appearance on behalf of all the respondents and to apprise the above facts to the Hon'ble Court so as to dismiss the Writ petition at the admission stage itself.”

4. On a perusal of the written instructions, it is observed that by G.O.Rt.No.248, dated 16.03.2017, restoration of Seri Kunta, Jedcherla Village and Mandal, Mahabubnagar District, was taken up under Mission Kakatiya Phase-III for an amount of Rs.21.87 lakhs. It is further observed that the said work was cancelled by the Chief Engineer, Minor Irrigation, Hyderabad,