Landowner objected to a lift irrigation water pipeline being laid through his agricultural patta land without acquisition under the RFCTLARR Act, 2013. The court found no deviation from the government-sanctioned alignment and disposed of the petition, directing authorities to strictly adhere to the approved alignment plan.
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I32e61
IN THE HIGH COURT FOR THESTATEOF TELANGANA AT HYDERABAD
(SPecial Original J urisdiction)
WEDNESDAY, THE FIFTH DAY OFFEBRUARY TWO THOUSAND AND TWENTYFIVE
PRESENT
THE HONOURABLE SRI JUSTICEC.V. BHASKAR REDDY
WRIT PETITION NO: 3151 OF2025
Between:
ch.Venkata Narsalah,S/o ch.Jaggaih.Agedabout 68 years.occ. Agriculture,RJo. H.No.1 O-6-95/5/5il.Burhanpuram,Khammmam(urban),PO.Khammam.Khammam D rstrict, Te lanaga na.
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 oflthe constitutionof lndiaprayingthat in the circumstances statedin the affidavit filed therewith, the High court may be pleased to issue a writ, order ordirection more particularlyone in the nature of writ of ltlandamusdectaring the action the Respondentsmoreparticularlythe Respondent No-2 to 4 deputinghis officials to layingthe water pipe lineunder lift irrigation scheme through inmiddle of the petitioner agricultural patta landof Ac.3.2900 Gtsin Sy.No 34tAal2tz,an extent of Ac.0.2700 Gts in Sy.No 35lAal2, an extent of Ac.2.0800Gts in Sy.No 36tAt2, an extentof Ac.0.0400Gts in s.No 81lEl2, an extentof Ac.0.0600Gts in Sy.No1541A1112,an extent of Ac'0'0280
Gts in Sy.No 19214l2,which totaling toan extent of Ac.6.37200 Gts situated at Vepakuntla Village, Raghunadhapaleml\4andal,KhammamDistrict, by changing the alignment and not consideringpetitioner representation dated 23.o1 .2025, highly arbitrary discriminatory,violativeof principlesof naturaljustice, violativeof articles.14, 21 and 300 A of theconstitutionof lndia and consequently directthe respondents herein notproceedfurther layingthe wdter pipeline in middle of petitioner Agriculture land without following dueprocedureof law as per Rightto Fair compensation and Transparency inLand Acquisition, Rehabilitation and Resettlement Act, 2013,pending disposal of the mainwrit petition.
lA NO: 1 OF 2025
Petition under Section 151 CPCpraying thatin the circumstances stated in the affidavit filed in support of thepetition, the High Court maybe pleased to direct the respondents herein notproceedfurther laying the waterpipe line in middle of petitioner Agriculture landwithout followingdue procedure as per Right to Fair Compensation and Transparencyrn Land Acquisition,Rehabilitationand Resettlement Act, 2013,pending disposal ofthe main writ petition.
Counsel for the Petitioner : SRI S.CHANDRAMOHAN REDDY
Counsel for the Respondents No.1to4: SRI LAXMALLASANDEEP,
AGP FOR IRRI AND COMM AREA DEV
Counsel for the Respondents No.5&6: GPFOR REVENUE
The Court made the following: ORDER
HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION No.3151 OF 2025
ORDER:
This writ petition is filed by the petitioner seeking the following
relief:
" ...to issue a writ ordtr or direction more puttcularly one in tht nnture of WrX of It4andamus decluing the rction tlu Respondents nnrc pnrticularly the Respondent No 2 to 4 rleputing his offcials to lnying tlt ruater pipe hne undcr lift itigation scfume through in ruiddle of tlrc petitioner tgiculttual pnttn land of Ac.3.2900 Gts in Sy.No 34/Aa22, an extent of Ac.0.2700 Cts it Sy.No 35/Aa/2, an extent of 4c.2.0800 Gts in Sy.No 36/A/2, an extent of Ac.0.0400 Cts in S.No 81/F,p, an extcnt of Ac.0.0600 Gts in Sy No 154/A112, an ertent of Ac.0.0280 Gts ln Sy.No 192/4p., tohiclt totaling to nn ertent of Ac 6j/200 Cts sihnted at Vepnkuntla Village Rnghunadlupalen Manda! Klnnmnn l)ishict hy clnnging the alignnrnt and not considering petitiouer refrese tation futed 23 01 2025 highly arbitranl disciminatory aiolntfue of principles of nahtral justice dolatiue of uticles 74, 21 and 300 A of tle Constitution of Indin anrl consequertly direct tlte respondutts Irrein not proceed Jitrtlrr lntling the runlcr pipe line in niddle of pelilioncr Agriculture land without follouing due procedure of lnu ns per Riglt to Fair Compensation and Trnnsparency in Ltnd Acquisitiort Rahabilitation and Resettlenvflt Act 2013 pending disposnl of tla main urit petition arul pass. .."
respective parties and perused the record
2
his agricultural iands. The case of the petitioner is that without acquiring the lands as required under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013, the respondents have suddenly changed the pipe line alignment and marked alignment in middle of his agricultural land and without following due process of law, the responclents are also proceecling to dig canal for laying pipeline, which constrained them to submit a representation dated 23.07.2025 before respondent No.2 - the Superintendent Engineer, lrrigation Department, Khammam, but no action has been taken on the said representation till date
Iaying of the pipeline and there is no deviation in the alignment sanctioned by the Government for laying of the pipeline, which would not cause any inconvenience or damage to the agricultural activities. It is also stated that the respondents will not obstruct the pattedars from Iaying of fencing over the subject lancls and the Governmeni has undertaken the said scheme to provide water to the drought prone areas of Raghunandhapalem, Khammam District, due to thc drop of ground water level in that particular area
from the competent authorities
4
As a sequel thereto, miscellaneous applications, if any, pending in
this writ petition stand closed.
SD/- P. PADMANABHAREDDY NT REGISTRAR
//TRUE COPY//
CTION OFFICER
Q9'
HIGH COURT
DATED:0510212025
ORDER
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WP.No.3151 of 2025
DISPOSING OF THE WRIT PETITION WITHOUT COSTS ( I \ 19{2</sup>
1 issue framed by the court
Whether respondents may lay a water pipeline through the petitioner's agricultural patta land by deviating from the approved alignment without acquiring land under the RFCTLARR Act, 2013.
4 provisions across 3 enactments
Ch. Venkata Narsalah
The State of Telangana, Rep. by its Principal Secretary to Irrigation and CAD (PW) Department
The Superintending Engineer, Irrigation Department Khammam (Irrigation Circle)
The Deputy Executive Engineer, Irrigation Department Khammam (Irrigation Circle)
The Executive Engineer, Irrigation Department Khammam (Irrigation Circle)
The District Collector, Khammam
C.V. Bhaskar Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
