THE HON’BLE SRI JUSTICE E.V. VENUGOPAL WRIT PETITION No.20170 OF 2022

O R D E R:

This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief/s:-

“… to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents 2 to 4 in not safeguard the Bonthuvari Kunta Cheruvu situated in Sy.No.1489 to an extent of Acs.13.08 gts situated at Latchannagudem Village, Vemsur Mandal, Khammam District, from the hands of the land grabbers who are illegally encroached the said cheruvu land and making constructions, without considering the representations dated 01.04.2021, 09.03.2021 and 09.09.2019 of the petitioners is highly illegal, arbitrary and against to the principles of natural justice and also violative of Articles 14, 19, 21 and 300-A of Constitution of India in the interest of justice and to pass such other order or orders …”

2. Heard Mr.Kondapalli Syam Sundar, learned counsel for the petitioners and Mr.H.Rakesh Kumar, learned Assistant Government Pleader representing learned Government Pleader for Revenue appearing for respondents.

3. The brief facts of the case are that the petitioners are residents of Latchannagudem Village, Vemsur Mandal, Khammam District and they were doing agriculture; that the petitioners were cultivating their agricultural lands from the water derived from Bonthuvari Kunta Cheruvu, situated at Survey No.1489 to an extent of Acs 13.08 gts, without any disturbance. Whileso, the Telangana Government started the project under the name and style of Mission Kakatiya, for the said works; that the authorities had surveyed the said kunta cheruvu, fixed the boundaries and dug the kandakam in the said cheruvu and thereafter, left it as it was; that during the year 2019 of Kharif season, some of the village people having political background, illegally encroached the said kandakam and doing cultivation in the said land without there being any right or title over the said kandakam, due to which, the petitioners were not getting enough water to cultivate the lands; that the petitioners had approached respondent No.4 and narrated the facts but in vain; that the petitioners also filed complaint through Prajawani before the RDO, Kalluru on 09.09.2019; that immediately the RDO called the Tahsildar and informed him to look into the matter; On such instructions, respondent No.4/Tahsildar, came into the fields, inspected the kunta cheruvu land and informed that the people illegally encroached the cheruvu land and raised paddy crop and the same is existing; that after harvesting the crop, it was stated that action would be taken against them. Thereafter, 2020 khariff season, respondents provided protection to the said kandakam cheruvu, for which the said illegal land grabbers have not raised any crops in the said lands. Later, the petitioners came to know that the said land grabbers, during the night time, illegally trespassed into the kandakam cheruvu, illegally removed mud from the sikham land and trying to grab the said sikham land illegally; that if the land grabbers succeed in the said illegal activities, the petitioners would be put to suffer irreparable loss and hardship due to scarcity of water while performing their agricultural operations. Aggrieved by the same, the petitioners preferred the present Writ Petition.

4. Learned counsel for the petitioners submits that the petitioners have submitted representations dated 01.04.2021, 09.03.2021 and 09.09.2019 to respondent authorities but the same are under consideration till date. Therefore, he seeks indulgence of this Court and to pass appropriate orders.

5. Learned Assistant Government Pleader for Revenue contends that the representations of the petitioners would be considered in a short span of time and seeks to dismiss the Writ Petition.

6. Having regard to the submissions of both the learned counsel and on perusal of the material available on record, this Court is incline