THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI WRIT PETITION No.11041 OF 2015

O R D E R:

This Writ Petition is filed with the following prayer: “…to issue appropriate order or direction more particularly, in the nature of Writ of Mandamus declaring the act of respondents no.3 to 7 in digging the lands of the petitioners in sy.no.35/U1 dry an extent of Ac-0-23gts, sy.no.35/A to an extent of Ac0-88cents, sy.no.35/E, admeasuring Ac3- 08cents, sy.no.35/EE Ac3-08cents, sy.no.35/ru Ac-0-28gts, sy.no.35/Au Ac0-10gts, sy.no.35/Au Ac0-08cents, sy.no.35/E Ac0-10gts, sy.no.35/A admeasuring Ac0-15gts, sy.no.35/RU admeasuring Ac0-23gts, sy.no.35/UU2 admeasuring Ac0-15gts, sy.no.35/U admeasuring Ac0- 23gts, sy.no35/u2 admeasuring Ac0-13gts, sy.no.35/u1 admeasuring Ac0-15gts, sy.no.35/u admeasuring Ac0- 20gts, sy.no.35/AA admeasuring Ac0-15gts, sy.no.35/AM admeasuring Ac0-23gts, sy.no.35/AA1 admeasuring Ac0- 15gts, sy.no.35/AA2 admeasuring Ac0-15gts, sy.no.35/AA3 admeasuring Ac0-15gts, sy.no.35/LU admeasuring Ac0- 38gts in the name of “Mission Kakathiya” without conducting the survey by fixing the boundaries of patta lands and not considering the representation of the petitioners dated 8-4-2015 to respondent no.7 is illegal, arbitrary and against principles of natural justice and pass such other order orders…”

2. Heard Mr. M.Vijaya Kumar Goud, learned counsel for petitioners and learned Assistant Government Pleader for Irrigation and Command Area Development appearing for respondent Nos.1 to 5.

3. Learned counsel for petitioners submitted that petitioners are absolute owners and possessors of different extents of land in various survey numbers situated at Bommanpadu Village, Damaragidda Mandal, Mahabubnagar District and that they have been cultivating the said lands. That the revenue authorities have issued pattadar passbooks and necessary entries are made in revenue records. It is further submitted that respondent Nos.3 to 7 are entering into their lands and digging the agricultural lands under the guise of Mission Kakatiya. It is also submitted that any unlawful digging of lands and storing of water, without conducting survey of lands and without issuing notice, is violative of fundamental rights.

4. Learned Assistant Government Pleader for Irrigation and Command Area Development appearing for respondent Nos.1 to 5 submitted that it is only for the purpose of removing accumulated silt in the tank bed of Godugoni Kunta, respondents have taken up de-silting work and that the lands of petitioner fall within the Full Tank Level (FTL) contour of the tank and remain submerged whenever the tank is filled with water. That petitioners are entitled to cultivate the land whenever the tank is in empty condition. It is further submitted that the accumulated silt in the tank bed is being removed under Mission Kakatiya, without disturbing the tank bed levels and by not damaging the crops.

5. Heard learned counsels, perused the record and considered the submissions.

6. As per the averments in the writ affidavit, petitioners are small scale farmers owning different extents of land (less than Ac.2.00 guntas) in various survey numbers situated at Bommanpadu Village, Damaragidda Mandal, Mahabubnagar District. It is observed from the written instructions placed on record that respondent authorities have taken up de-silting work of Godugoni Kunta Tank under Mission Kakatiya. The following are the written instructions received by the office of Government Pleader for Irrigation and Command Area Development:

“It is to submit that the petitioner Sri. Pedda Chandrappa S/o Late Balappa Age 57 yrs, Occ: Agriculrure R/o Bommanpadu (V), Damaragidda (M), Mahabubnagar (D) and others have filed a Writ Petition No. 11041 of 2015 before the Hon'ble High Court praying to direct the respondents to issue a Writ of Mandamus declaring the acts of the respondents in digging the lands of the petitioners under "Mission Kakatiya" without conducting survey by fixing the boundaries of the patta