THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI

ORDER:

This Writ Petition is filed seeking the following relief:

“…to issue an appropriate writ, order or direction, particularly one in the nature of Mandamus, declaring the Tender Notice No.53/2014-15 dated 12.3.2015 issued by the 1^st respondent herein inviting tenders from Contractors/Contracting Firms/Companies registered with Government of Telangana/with Government of Andhra Pradesh registered before 02.06.2014 for restoration of Bandi Kunta Tank, Pedda Korukondi village, Kalluru Mandal, Khammam District under Mission Kakatiya Scheme, as illegal, arbitrary, unreasonable, without jurisdiction, without authority of law and also violative of Order dated 17.07.2013 in 1.A.No.608 of 2013 in C.M.A.No.13 of 2013 on the file of the court of the Special Sessions Judge for Trial of Cases under SCs and STs (POA) Act 1989-cum-Additional District Judge at Khammam and also violative of Articles 14, 21 and 300-A of the Constitution of India and issue a consequential direction to the respondents herein not to give effect to the same and pass.....”

2. Heard Mr. Md. Haneef Farhan, learned counsel for petitioners, learned Assistant Government Pleader for Irrigation and Command Area Development appearing for respondent Nos.1, 2 and 5 and learned Assistant Government Pleader for Revenue appearing for respondent Nos.3 and 4.

3. It is the case of petitioners that respondent authorities invited tenders for restoration of Bandi Kunta Tank, Pedda Korukondi Village, Kalluru Mandal, Khammam District, under mission Kakatiya Scheme, vide Tender Notice No.53/2014-15 dated 12.03.2015. That the said tender notice is in violation of order dated 17.07.2013, passed in I.A.No.608 of 2013 in C.M.A.No.13 of 2013 by Special Sessions Judge for Trial of Cases under SCs and STs (POA) Act 1989-cum-Additional District Judge, at Khammam.

4. It is further the case of petitioners that Bandi Kunta Tank is a private tank situated in the lands of petitioners and that petitioners’ vendors purchased the said lands from original pattadars. That applications were submitted before respondent No.4 seeking mutation of their names in revenue records and issuance of pattadar pass books and title deeds in respect of the said lands in survey Nos.95, 96 and 111, to the extent of land admeasuring Ac.31.10 guntas. That Writ Petition Nos.10140, 10141, 10144, 10151 and 10172 of 2014 were filed seeking direction(s) to respondent No.4 herein to mutate their names in revenue records. That the said writ petitions were disposed of by directing respondent No.4 to consider their applications.

5. It is also the case of petitioners that respondent Nos.2 to 4 tried to interfere with their possession and that O.S.No.62 of 2012 was filed by petitioners before Senior Civil Judge, Sattupally, Khammam District and that I.A.No.322 of 2012 was filed seeking temporary injunction. That by order dated 13.06.2013, I.A.No.322 of 2012 was disposed of directing the parties to maintain status quo till the disposal of the suit. Against which, C.M.A.No.13 of 2013 came to be filed and in the C.M.A., I.A.No.608 of 2013 was filed seeking a temporary injunction and learned Special Sessions Judge by order dated 17.07.2013 granted temporary injunction.

6. It is the case of petitioners that they are engaged in the activity of rearing fish and that respondent No.4 addressed a letter to the Fisheries Department, wherein it was stated the said land is patta land of their vendors. That their names are mutated in the possession column of the latest pahanies (Exs.P10 to P24). On the basis of pahanies, it is submitted that Bandi Kunta Tank is a private tank of their vendors and that they purchased the subject lands vide registered sale deeds. It is further submitted that Government invited tenders for restoration of Bandi Kunta Tank under mission Kakatiya Scheme and that it being a private tank, respondent authorities have no right or authority to interfere with their possession.

7. Learned