THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI WRIT PETITION No.9161 of 2016

ORDER:

This Writ Petition is filed seeking the following prayer:

“…to issue a writ, order or direction, more particularly one in the nature of writ of mandamus declaring the action of the respondents in interfering with the peaceful possession of the petitioner in respect of property admeasuring Ac. 5- 13 gts situated at sy no.387, Surangal Village Moinabad Mandal Ranga Reddy District without following due process of law as illegal, arbitrary and violative of article 300-A of the constitution of India and to consequently direct the respondents not to interfere with the petitioners property admeasuring Ac. 5-13 gts situated at sy no.387, Surangal Village Moinabad Mandal, Ranga Reddy District and be pleased to pass such and other orders...”

2. Heard Mr. P.Siddharth Rao, learned counsel representing Mr.Vivek Jain, learned counsel for petitioners, Mrs. D. Haritha Kiran, learned Assistant Government Pleader for Revenue appearing for respondent Nos.2 and 3 and learned Assistant Government Pleader for Irrigation and Command Area Development appearing for respondent Nos.1, 4 and 5.

3. It is the grievance of petitioners that they have constructed a compound wall on their private patta land and respondent No.3 demolished it without issuing any show-

cause notice. It is further the case of petitioners that respondent officials have been continuously interfering with their possession by filling their land with soil and that there is a sluice of Mamilla Kunta running through the land and they informed that funds are released under “Mission Kakatiya Scheme” for works. That they are carrying out excavation work in their private patta land, without issuing any notice, a violation of Article 300-A of the Constitution of India.

4. It is submitted by learned counsel that property admeasuring Acs.5.13 guntas in Sy.No.387 of Surangal Village, Moinabad Mandal, Ranga Reddy District, is a private patta land and interference by respondent authorities, without issuing any notice, is violation of principles of natural justice and no law permits to take up such acts, without following due process. Hence, writ petition.

5. Learned counsel for respondents has given a copy of counter affidavit filed by respondent No.5. The following are the relevant paragraphs of counter-affidavit:

“2. In reply to the para no.2 of the affidavit it is submitted that petitioners allegations that the respondents are interfering with peaceful possession of the petitioner in respect of property admeasuring Ac 5-13 Guntas situated at Sy.no.387, in Surangal Village Moinabad Mandal, Ranga Reddy District is false and baseless. I submit that in Survey no.387 earlier there exist an old Tank by name of Mammilla kunta in Surangal Village, Moinabad Mandal, Ranga Reddy District and this tank is under control of Irrigation Department and also in the Revenue records of Khasra pahani-1955-58 to Pahanis upto 1979-80 (particulars enclosed) the survey no.387 of Surangal Village is mentioned as Mamilla Kunta Tank bund. It is the responsibility of the respondents to protect and Restore tank to its original standards. As such, as part of the Government prestigious program under caption of "Mission Kakatiya for restoration of Tanks in all over the state, the Mamilla kunta was proposed and the Government has sanctioned the tank work vide G.O.Rt.no.98 Dt:03.02.2016 | &CAD, Dept. The work mainly consists of Breach Filling of bund and restoration of bund portion to its standards and removing silt from Tank bed.

3. In reply to the para no.3 of the writ affidavit it is submitted that petitioners are in possession of the above land purchased from the predecessor by name of Smt.P.Sabitha Indra Reddy admeasuring of Ac.5-13 Guntas is not in the knowledge of Respondent.

4. In reply to the para No.4 of the writ affidavit it is submitted that petitioners have breached the existing Mamilla Kunta bund of about 130 M length in Survey no. 387 (Photos