HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI DATE OF ORDER : 09.01.2026 Between:

Belli Bikshapati, S/o. Ram Mallu, Aged about 50 years, Occ: Agriculture, R/o.H.No.3-25, Authapur Village, Peddavangara Mandal, Mahabubabad District and another .. Petitioners And The State of Telangana, rep., by its Principal Secretary, Irrigation and Command Area Development Department, Secretariat Buildings, Hyderabad and five others .. Respondents

ORDER:

This writ petition is filed with the following prayer:

“… to issue an Order, Direction or Writ, more particularly a Writ of MANDAMUS declaring the action of the respondent Nos.2 to 5 in trying to remove the pipeline laid for drawing water from the tank known as Pedda Cheruvu for the purpose of irrigating agricultural crops in the petitioners’ patta lands bearing Sy.No.618/3 – Ac.4.00 gts., Sy.No.618/2 – Ac.3.05 gts and Sy.No.635/2 – Ac.0.04 gts totaling an extent of Ac.7.09 gts situated at Avuthapur Village, Peddavangara Mandal, Mahabubabad District, without issuing any notice and without affording an opportunity of being heard as the same is illegal, arbitrary, violative of the principles of natural justice and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently directing the respondents not to interfere with the petitioners lawful use of water for irrigating through the said pipeline, except in accordance with due process of law and pass such other order or orders as deemed fit and proper in the circumstances of the case and in the interest of justice.”

2. Heard Mr. Mohd. Subhan Pasha, learned counsel for petitioners, and learned Assistant Government Pleader for Irrigation and CAD for respondent Nos.1 to 3.

3. Petitioners claim that they are absolute owners and possessors of agricultural lands admeasuring Acs.4.00 guntas in Survey Nos.618/3, Acs.3.05 guntas in Survey No.618/2 and Ac.0.04 guntas in Survey No.635/2, total extent of Acs.7.09 guntas, situated at Avuthapur Village, Peddavangara Mandal, Mahabubabad District. Petitioners claim that they succeeded to the said lands as they belong to their ancestors. That their ancestors purchased the same under registered sale deeds. Petitioners stated that they eke out their livelihood by carrying out agricultural operations. Petitioners and neighboring farmers have been drawing water from Pedda Cheruvu for the purpose of irrigation for more than fifteen years. They state that standing crops such as paddy, maize, and other vegetable crops are being raised on their lands and require a continuous supply of water. Petitioners claim that on 02.01.2026 and 03.01.2026, respondent Nos.3 and 5 attempted to remove the pipeline laid for drawing water from the tank. The grievance of the petitioners is that respondent Nos.2 to 5 are attempting to remove the pipeline laid for drawing water from Pedda Cheruvu for irrigating their lands.

4. Learned counsel for petitioners filed a memo along with photographs and submitted that standing crop is existing and that water is very much required for irrigating the standing crop and hence, three months’ time be granted until the standing crop is harvested. Learned counsel submitted that from the photographs, it is evident that paddy is sown and paddy crop requires continuous water supply till the crop is harvested.

5. Learned Assistant Government Pleader for Irrigation and CAD submitted that petitioners have two bore wells in their agricultural fields and have been drawing water from tank without permission, hence, the pipelines are liable to be removed. 6. When this Court queried, learned counsel for petitioners submitted that bore wells have dried up. This is a question of fact which requires a visit to the fields to ascertain whether the bore wells have dried up or not. Learned counsel for petitioners submitted that the agricultural crop needs continuous supply of water for irrigating paddy. Learned counsel further submitted that if any advers