THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI WRIT PETITION No.16030 OF 2016

ORDER:

This writ petition is filed with the following prayer:

“… to issue a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the action of the respondent No 1 in intending to dig the canal through the land of the petitioners in Sy.No.400/E and Sy.No.398/A of Mothe village, Jagityala Mandal, Karimnagar District under the guise of alignment of the existing canal as part of Mission Kakatiya without following due process of law as arbitrary, illegal and consequently direct the respondent No.1 not to dig the canal through the land of the petitioners in Sy.No.400/E and Sy.No.398/A of Mothe village, Jagityala Mandal, Karimnagar District under the guise of alignment of existing canal without following due process of law in the interest of justice.”

2. Heard Mr. L.Anand, learned counsel representing Mr. P.Nagendra Reddy, learned counsel for petitioners and learned Assistant Government Pleader for Irrigation and Command Area Development for respondents.

3. It is the case of petitioners that land to an extent of Ac.1.33½ guntas in Sy.No.400/E and 398/A of Mothe Village, Jagityala Mandal, Karimnagar District, was purchased vide sale deed dated 07.07.2005, 27.07.2012, 24.11.2012 and 26.11.2012. Petitioners names have been mutated in revenue records as pattadars and possessors. That they established Petitioner No.1- Trust and constructed Sri Ashta Lakshmi Sahita Lakshminarayana Temple in part of the said land and balance land is kept for use infront of temple. That entire land is under the temple and temple is being managed by Petitioner No.1-Trust. That there is an existing canal flowing in front of the temple and respondents under the Mission Kakatiya works, entrusted the repairing of canal to a contractor. It is stated in the affidavit that the said canal flows just adjacent to temple land. That while undertaking works, no notice was issued and respondent No.1 authority along with contractor earmarked certain temple portion of land to dig the canal through and that petitioners’ staff raised an objection.

4. It is submitted that no notification is issued for acquiring the land, that respondents cannot alter the alignment of canal by digging in their portion of land without following due process of law. Hence, writ petition.

5. On the other hand, learned Assistant Government Pleader for respondents submitted that there is a feeder channel/canal existing which leads to Pedda Cheruvu. Under the Mission Kakatiya Phase-I, restoration of Pedda Cheruvu, Mothe Village, was proposed, work was sanctioned under DR.No.45/2015-16 for Rs.36.58 Lakhs as per the agreement No.80/2015-16. That peg marking was done for desilting the feeder channel that petitioners raised objection. It is further submitted that respondents have not entered into petitioners’ subject property nor they have acted illegally or arbitrarily.

6. Learned Assistant Government Pleader has placed on record written instructions dated 28.10.2025 received from Executive Engineer, Irrigation Division No.3 addressed to the office of Government Pleader, Irrigation. The following are the contents of the written instructions:

“… I humbly submit that, petitioners have submitted that they have acquired the land extent Ac.1.33½ gts in SY.No.400/E and 398/A of Mothe Village, Jagtial Mandal, Karimnagar District under registered sale deed, dt.07-07- 2005, dt:27-07-2012, dt:24-11-2012 and dt.26-11-2012 and petitioner name have been mutated in the Revenue records as pattadar and possessor. But presently in the BHU BHARATI website the above said land details are not showing. A copy of BHU BHARATI website details are here with enclosed with this letter.

I humbly submit that, there is an existing natural stream(Vagu) named feeder channel to Pedda cheruvu, Mothe. Under the Mission Kakatiya Phase-I, Restoration of Pedda Cheruvu, Mothe(V), Jagitial(M), Karimnagar Dist was proposed and in this work