THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI WRIT PETITION No.17037 of 2016

ORDER:

This Writ Petition is filed seeking the following prayer:

“…to issue a writ, order or direction, more particularly a writ of Mandamus declaring the actions of the respondents for wasting of water from the tank “Ootsarangapalli Cheru Mallanna Gutta.” Without diverting it to standing banana crop on petitioner’s agricultural land in Sy.No.102 and 108, situated at Ootpallay Village of Bejjur Mandal, Adilabad District, are illegal, arbitrary, ultra vires, null and void, and against the principles of natural justice and in violation of fundamental and constitutional rights of the petitioner, in the interest of justice and equity...”

2. Heard Mr.Mohammed Rahail Ahmed, learned counsel for petitioner and learned Assistant Government Pleader for Irrigation appearing for respondent Nos.1 and 2.

3. It is the case of petitioner that he owns an extent of Acs.7.00 gts. of land in Survey Nos.102 and 108 of Ootpallay Village, Bejjur Mandal, Adilabad District. That he has been cultivating the said extent with water drawn from a tank known as “Ootsarangapalli Cheru Mallanna Gutta.”

4. That respondents are proposing to repair the existing sluice to construct a new sluice and carry out other necessary repair works to the said tank. For such repairs and construction, water from the tank should be released, that if water from the tank is released, petitioner’s standing crop will not have source of water. That act of respondents to repair old sluice, to construct new sluice and to carry out repairs is illegal, null, void and ultra vires. Hence, writ petition.

5. Learned counsel for petitioner contends that petitioner’s crop depends on the water supply from the tank. That petitioner has been cultivating a banana plantation with water supplied from the subject tank. If repair works are carried out by draining the water of the tank, petitioner’s crop will dry up. Hence, request to stay all further proceedings of draining of water from the tank.

6. On the other hand, learned Assistant Government Pleader for Irrigation and Command Area Development appearing for respondents submits that it is necessary to carry out the repair works to the old sluice and to construct a new sluice. Such works cannot be stopped, as they are beneficial to all farmers cultivating their lands under the ayacut of the subject tank. Hence, in the larger public interest, the repair works must be carried out.

7. Heard both counsels, perused the record, and considered the submissions.

8. Writ Petition is of the year 2016, no interim orders were passed in the writ petition. The respondents must have carried out repair works, construction of the new sluice and repair of the old sluice. Petitioner has been cultivating banana crop, as per the averments in the writ affidavit.

9. Be that as it may, any repair or construction activity for the larger benefit of farmers under the ayacut cannot be halted, as sought for by petitioner. Said works have to be undertaken in the larger public interest. It is settled principle of law that individual interest has to yield to larger public interest. Construction of new sluice, repair works of old sluice and repair of the tank have to be carried out and shall be carried out, if not carried out.

10. Learned counsel for petitioner seeks liberty to make a representation. Liberty to petitioner to make an application to put forth his grievance is permitted. Needless to state, the larger interest of public shall prevail over the individual interest.

11. With the above observations, Writ Petition is disposed of. There shall be no order as to costs.

Miscellaneous petitions, if any are pending, shall stand closed.

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ANIL KUMAR JUKANTI, J

25.10.2025 ssm THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI WRIT PETITION No.17037 of 2016

25.10.2025 ssm