HON’BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.10340 of 2025

ORDER:

The present writ petition is filed under Article 226 of the Constitution of India seeking for following relief:

“….to issue a Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2^nd to 8^th respondent is not taking action in accordance with vide bearing Lr.No.AEE/Irr Sec/Ylr/ 01, dated 06-03-2024 against the respondent no 8^th to 14^th and ordered against petitioner as illegal, arbitrary, unconstitutional and cutting short the petitioner’s fundamental rights and constitutional rights guaranteed under the Constitution of India and consequently direct the respondent no 8th to 14th to stop the construction work immediately till the disposes and pass….”

2. Considered the submissions of the learned counsel for the respective parties and perused the record.

3. It is stated that the petitioner is the pattadar and possessor of the agricultural land admeasuring Ac.0.0850 gts., in Sy.No.470/1/1, situated at Yellareddy Village and Mandal, Kamareddy District. The case of the petitioner is that he is the ayacutdar of the Pocharam Project and the adjacent farmers to the said irrigation work are illegally diverting water by laying pipelines, thereby encroaching upon Pocharam Main canal of Pocharam Project. Therefore, the petitioner has made a representation dated 22.06.2023 to respondent No.3, unauthorized pipelines at Km 35.352 and allow free flow of the water to the downstream of the irrigation work so as to enable the ayacutdars to cultivate their lands and acting upon the same, respondent No.3, vide Lr.No.AEE/Irr Sec/Ylr/01, dated 06.03.2024 issued proceedings to the encroachers/respondent Nos.9 to 14 to remove the pipelines laid down on downstream of under tunnel at Km 35.352, within seven days. The grievance of the petitioner is that despite respondent No.3 having issued proceedings vide Lr.No.AEE/Irr Sec/Ylr/01, on 06.03.2024, respondent Nos.9 to 14 have not removed the unauthorized pipelines, thereby causing obstruction of free flow of water to the downstream of the irrigation work and due to which, the ayacutdars are not in a position to cultivate the lands and as the water released from the Pocharam Project is the only irrigation source to him and other ayacutdars, the obstruction is adversely affecting their right to livelihood. Hence, the present writ petition.

4. In view of the above, since it is stated that respondent No.3 has already initiated proceedings vide Lr.No.AEE/Irr Sec/Ylr/01, dated 06.03.2024 directing the encroachers to remove the pipelines laid days, this Court deems it appropriate to dispose of the writ petition unauthorized pipelines laid down by the encroachers obstructing free flow of water to the downstream of Pocharam Project, strictly, in accordance with law, within a period of four (04) weeks from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is disposed of. As a sequel, miscellaneous applications pending if any, shall stand closed. No costs.

__________________________ C.V. BHASKAR REDDY, J Date: 07.04.2025 Pvt