ORDER: ANIL KUMAR JUKANTI, J. 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.
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 lands and not considering the representation of the petitioners dated 8-4-2015 to the respondent no.7 is illegal arbitrary and against the principles of natural justice and pass such other orders as the Hon'ble Court may deem fit and proper in the interest of justice. In this regard, it is to submit that The lands claimed by the petitioners are in Shikam lands and coming under submergence and shown as Godugoni Kunta as per khasra pahani (1954-55) and in pahanis of 1971-72, 1974-75, 1975-76 and 1976-77. These lands fall within the Full Tank Level (FTL) contour of the tank and remains submerged whenever the tank is full. The petitioners are entitled to cultivate the lands when there is no water in the tank. It is submitted that, the boundaries of survey numbers are fixed in the field and full tank level contour is also fixed both in the field and on village map. It is proposed to excavate the accumulated silt in the tank bed without disturbing the original profile of the land.
It is submitted that, the boundaries of survey numbers are fixed in the field and full tank level contour is also fixed both in the field and on village map. It is proposed to excavate the accumulated silt in the tank bed without disturbing the original profile of the land. Even after removal of silt the lands in the tank bed can be used for Agricultural purpose when the tank is in empty condition. The petitioners lands coming under submergence when tank receives water to its full capacity i.e, FTL and every time when tank receives water to its full capacity the submerged lands receives silt. The accumulated silt in the tank is proposed to be remove in the present said Mission Kakatiya work. The petitioners lands falling under submergence (@FTL) are under the Godugani kunta lands (waste lands i.e, Garaka chenu) as per the khasra pahani of 1954-55. It is very clear that since 1954 the petitioners lands are in shikam of tank and submerged under godugoni kunta (Tank) as per above records. From the phahanis of the years 1975-76 & 1976-77 it is shown that the petitioners lands are not under cultivation (Padavu). But from the Phahani of the year 1974-75 it is read that the petitioners lands under cultivation for the Kharif (Dry) season because the tank bund is in breached condition and water not stored in the tank. From the above Phahanis it is clearly revealed that the pattas given in the tank bed falling under submergence for the petitioners are for the purpose of raising crops when the tank is in empty condition, even though the revenue authorities issued pattadar pass books to the petitioners. Hence they are entitled to cultivate at the time when the tank is in empty condition. It is submitted that, under Mission Kakatiya only deposited earth above tank bed is proposed to be lifted from the tank without disturbing the original land profile. It is not possible to form ridges or blocks in the said land by the farmers as the lands are in bed of tank and are in submergence condition. Hence damaging blocks or ridges cannot rise and huge amount spent on development on lands is far away from the truth. The lands available after removal of silt can also be used for raising suitable crops at the time when the tank is in empty condition.
Hence damaging blocks or ridges cannot rise and huge amount spent on development on lands is far away from the truth. The lands available after removal of silt can also be used for raising suitable crops at the time when the tank is in empty condition. The petitioners are not dispossessed from their lands, hence no compensation can be paid to the petitioners lands. It is submitted that, the petitioner's lands which are in tank bed are under submergence only received accumulated silt is removed in Mission Kakatiya works without disturbing the tank bed levels and profile and capacity. The pattas given to the petitioners by the Revenue department for raising the suitable crops when the tank is in empty condition without taking consent from the Irrigation department. The petitioners are entitled to cultivate the lands when the tank is in empty condition and the petitioners are not dispossessed from there lands. Hence compensation cannot be arranged for pattas falling under FTL contour area of godugoni kunta at the time of carrying out the work of removal of accumulated silt in the tank bed area in the presence of petitioners. Removal of deposited silt from the tank is not an illegal activity. Because the tank is proposed to store water to its original capacity by removing deposited earth. The tank bed is proposed to restore to its original land profile. Therefore, it is prayed that this Honourable Court may pleased to dismiss the above W.P. and be pleased to pass such other order or orders as this Hon'ble Court deems fit and proper in the circumstances of the case and in the interest of justice.” 7. On a perusal of the contents of the written instructions, it is observed that under Mission Kakatiya programme, de-silting works were taken up and the accumulated silt in the tank bed area was removed in the presence of petitioners. Removal of deposited silt cannot be termed as illegal activity, removal of such silting would only improve the storing capacity of the tank, which would be helpful to the public at large. 8. On a perusal of the written instructions, it is observed that respondent authorities have not interfered with the possession of petitioners and it was only for the removal of deposited silt in the tank bed, they have taken up the activity.
8. On a perusal of the written instructions, it is observed that respondent authorities have not interfered with the possession of petitioners and it was only for the removal of deposited silt in the tank bed, they have taken up the activity. In view of the same, this Court is of the considered opinion that interests of justice would be met, if respondent authorities be directed to put on notice the petitioners, whenever they have to take up any work, such as de-silting of the tank etc. 9. For reasons aforesaid, no further adjudication is deemed necessary, the Writ Petition stands closed. No order as to costs. Miscellaneous applications pending, if any, shall stand closed.