IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF JULY, TWO THOUSAND AND ELEVEN PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.26188 of 2009 Between: Gangu Parsaiah & others. … Petitioners And The Executive Engineer, Irrigation Department, Karimnagar & others. … Respondents Counsel for the petitioners: Sri V.V. Ramana Rao Counsel for respondents 1&2: AGP for Irrigation & CAD Counsel for respondent No.3: AGP for Revenue This Court made the following: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.26188 of 2009 ORDER:- This Writ Petition is filed for a Mandamus to declare the action of the respondents in not allowing the petitioners to carry on agricultural activities in their lands in Sy.No.626 of Cheerlavancha Village, Sircilla Mandal, Karimnagar District, as illegal and contrary to law. The petitioners sought for a consequential direction to the respondents not to interfere with the peaceful possession and enjoyment of their lands. I have heard the learned counsel for the parties. It is the plea of the petitioners that they are the absolute owners and possessors of land admeasuring Ac.2.30 guntas in Sy.No.626 of Cherlavancha Village, Sircilla Mandal, Karimnagar District, which is their patta land. It is their further plea that they have made a small bund to store rain water for the purpose of irrigating their lands in Sy.Nos.614, 616, 617, 618, 621 and 625, that in view of construction of Middle Manair Project by the Government near Manwada Village, 80% of the village is coming under submersion under the said project and that on account of such construction, the ground water level increased heavily and there is no necessity for storing water for irrigation of their land. It is further pleaded that with an intention to bring the said piece of land under cultivation, the petitioners tried to remove the said bund, but the respondents restrained them from doing so stating that the said land is required for the purpose of laying roads for the rehabilitated colonies. Feeling aggrieved by the action of the respondents in restraining them from removing the bund, the petitioners have filed the present Writ Petition. In the counter affidavit filed by the Executive Engineer, Irrigation Division, Jagtial, Karimnagar District, respondent No.1, it is inter alia stated that the Panchayat Raj Department used to maintain four tanks by names Pedda Cheruvu, Khanapur Cheruvu, Vemkunta (Venu Kunta) and Ravi Kunta from 1952-53 to 2003-04, that the same were transferred to Irrigation Department thereafter and that as per the available revenue records, Venu Kunta was shown in pahani and in the village map of Cheerlavancha village. It is further averred that a joint inspection was held by the Tahsildar and the Deputy Executive Engineer, Irrigation Sub-division, Sircilla on 23.12.2009 and that the Tahsildar has reported that the Kunta was formed in the Nizam Government period in Sy.No.626 and ayacut was also irrigated under the said tank from the year 1952 onwards. It is further stated that as per the pahani records the tank is situated in Sy.No.626 comprising Ac.11.09 guntas and that specific instructions were issued by the Government for converting the tank and tank bed lands for any other purpose. It is alleged in the counter affidavit that petitioner No.1 and others have demolished the existing tank in order to cultivate the tank bed land, which is prohibited by G.O.Ms.No.157, dated 13.02.1987 and that the irrigation department has filed a criminal case against the petitioners, which was registered as FIR.No.394 of 2009 on 18.12.2009 in Sircilla police station for the offences under Sections 447 and 430 IPC and Section 3 of A.P. Rights in Land and Pattadar Pass Books Act, 1971. It is specifically alleged that the petitioners have encroached the entire bund and demolished the same, sluice and revetment. No reply affidavit is filed controverting the above allegations made in the counter affidavit. From the respective pleadings, it could be seen that there is a serious dispute regarding the ownership of the land in question. While it is the case of the petitioners that the land in question is their private patta land and they have filed a copy of the adangal in support thereof, the respondents have come out with the stand that the land comprises the tank bed of Venu Kunta and also placed reliance on the revenue records such as pahanies and Memo No.50150/Asn.1(1)/98-1, dated 02.09.1998, issued by the Government not to grant permission or consent for converting the tank and the tank bed lands for any other purpose. Thus, the pleadings raised serious disputed questions of fact regarding the nature of the land and the ownership and title of the petitioners in respect thereof. It is not possible for this Court to decide these disputed questions of fact while exercising its jurisdiction under Article 226 of the Constitution of India. It is appropriate for the petitioners to approach the competent civil Court for declaration of their title over the land in question. For the abovementioned reasons, the Writ Petition is dismissed with liberty to the petitioners, as indicated supra. As a sequel to dismissal of the Writ Petition, interim order dated 02.12.2009 is vacated and WPMP.No.34092 of 2009 is also dismissed. ____________________________ C.V.NAGARJUNA REDDY, J Date: 19.07.2011 ES