1. Thatipamula Venkata Rajaiah v. The S_tate of^Telangana

Petition under Artrcle 226 of lhe Constitution of lndia prayinq that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an order or direction more particularly one in the nature of writ of Mandamus by declaring the actions the Respondents No.4 to g upon the Petitioners in respect of agricultural land in Sy. Nos. 727 to 730 of Jagadevpur village and Mandal, siddipet District is illegal, irregular, irrational without having any sort of valid proceedings, orders in respect of fixing the FTL and Buffer Zone limits of Reddimonia cheruvu of Jagadevpur Village and t\,4andal, siddipet District is totally unlawful and unacceptable for not carrying the petitioners for agricultural activities by registering police cases without examine, consider or disposal of the Petitioners requests of the grievances dated 2s.10.2024 and ) /

04.11.2024 by following the procedure, law, Rules and statutes contemplated under the Rules and consequently direct the official Respondent No.3 to g competent authorities for not to cause any sort of disturbances or interference with the peaceful activities of the petitioners land in Sy. No. 72t to l3O of Jagadevpur Village and Mandal, Siddipet District. lA NO: 1 OF 2025 Petition under Section i 51 CpC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.4 to B authorities for not to cause any sort of interference or disturbances in carrying the agricultural activities of the Petitioners in respect of Patta Lands in sy. No. 721 lo 730 of Jagadevpur Village and [t4andal, Siddipet District till disposal of the present Writ petition. Counsel for the Petitioner: SRI BHAGAIAH.S Counsel for the Respondent No.1 to 7: SRI LAXMALLA SANDEEp, AGP FOR IRRIGATION Counsel for the Respondent No.B: Gp FOR HOME The Court made the following: ORDER i / HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT ON No.363 of2o25 ORDER: It is stated that the petitioners are the pattadars and possessors of the various extents of agricultural land in various survey numbers situated in Jagadevpur Revenue Village and Maldal, Siddipet District and their names have been recorded in all the r:evenue records and they were issued pattadar passbooks under the provisions of the Telangana Rights in l.and arrd Pattadar Passbooks Act, 2O2O (for short .,the Act 9 of 2O2O"). It is further stated that the petitioners'are receiving various incentives as investment subsidy sanctioned by the Government for cultivation of their lands. The grievance of the petitioners is that the Irrigation Department is frequently interfering with their possession and causing inconvenience to them for enjoyment of their property.

2. Considered the submissions of the learned counsel for the respective parties and with their consent, this writ petition is disposed of pt the admission stage.

3. Sri La-xma1la Sandeep, learned Assistant Government Pleader for Irrigation has placed written instructions, wherein it 2 CVBR, J wp_363-2025 is stated that the land in Sy.Nos.727 to 730 of Jagdevpur Village was identilied on 24.07.2023 that gravel was filled and leveled which is in the foreshore area of Reddymaina Cheruvu and within the FTL limits but not carrying arly type of agricultural activities. Learned Assistant Government Pleader further submits that as per Section 24 of the Telargana Land Revenue Act, 1317 Fasli, all public roads, lanes, paths, bridges, ditches, dikes, rivers, streams, tanks, ponds, canals, lakes and flowing water and all lands are vested with the State free from all encumbrances, if the person disputing the vesting of the property with the State, he is entitled to approach the competent civil Court for seeking declaration that he is the owner of the propert5r. Relying upon Section 47 of tlne Andhra Pradesh (Telangana Area) Irrigation Act, 1357 Fasli (for short "the Irrigation Act"), learned Assistant Government Pleader has submitted that the patta for the bed lAnd of tank shall not be granted nor the existing occupancy rights continued where the talks is utilized as water reservoir under a canal or channel. It is further stated that if the petitioners are having any valid title or pattadar passbook over the property which is forming part of the F.T.L. of the tank, they are entitled only for compensation under the provisions of the Land Acquisition Act, // / '/ 7 ) CVBR, J tvp_363]02s 2Ot3 and as and when water level is being reduced they are entitled for cultivation of the subject lands and the petitioners are not entitled to fill the F.T.L. with the gravel or other mud to cause damage of full capacity of the tank and they are liable for prosecution under Section 49 of the Irrigation Act. It is further submitted by the learned Assistant Government Pleader that having noticed that the petitioners are dumping the gravel in the F.T.L. of tank, the respondents are constrained to lodge complaints and the said complaints were registered as Crime Nos.39 and 156 ot2024.

4. At thjs stage, learned counsel for the p'etitioners has submitted that the petitioners being the pattadars they are entifled to cultivate the land as and when the water level is being reduced and except using the lands for cultivation, the petitioners have not caused the damage, in any manner, to the irrigation work as defrned under the provisions of the Irrigation Act, and therefore, registration of crimes and also interference with the petitioners' property rights amount to violation of the rights guaranteed under Articles 14, 2l and 300-A of the Constitution of India. Learned counsel for the petitioners further submitted without fixing the boundaries of the F.T.L. of Reddyboina Cheruvu, the respondent authorities are not having 4 CVBR, J wp 363 2025 any right or authorilr to say that the lands which are in occupation of the petitioners are forming part of F.T.L. alld they are causing damage willfully and are liable for prosecution.

5. Be that as it may, since there is a dispute with regard to the identifrcation and localization of the lands whether the lands are patta lands of the petitioners or the same are forming part of F.T.L. of Reddl.rnaina Cheruvu as stated by the respondents and the petitioners are intentionally causing damage to the irrigation work as defined under the Irrigation Act, these issues are required to be decided by the competent Court where the criminal cases are pending. Since it is 'stated that the petitioners are pattadars and as per Secflon ,47 of tlne Irrigation Act, the State is not having any power to grant patta certilicates in favour of the petitioners, this Court is of the opinion that the ends of justice would be met if the joint survey is conducted by the revenue and irrigation authorities in the presence of the petitioners and fix the boundaries of the petitioners' patta lands to enable them to claim compensation either under the provisions of the Land Acquisition Act, 2Ol3 or in accordance with law. Pending conducting of such survey, the petitioners are directed not to change the nature of the land in any manner or dump gravel or mud in the subject land. In the event of I l l' * ) / 1' i/ / 5 CVBR, J Wp j63_2025 violation of this order bY the petitioners, the Irrigation and Revenue authorities are at libertjr to take appropriate stringent action against the petitioners, in accordance with law'

6. With the above observations, this Writ Petition is disposed of. There shail be no order as to costs. 7 . As a siequel, the miscellaneous petitions pending, if any, shall stand ,:losed //TRUE COPYi/ To, SD/-V.KAVITHA ASSISTANT REGISTRAR f Si CTION OFFICER

1. The Principal Secretary, Revenue 500022, State of Telangana.

2. The Princip;al Secretary. lrrigation Hyderabad-500022. Department, Secretariat, Hyderabad- and CAD Department, Secretariat,

3. The District Collector, Siddipet District, ICC Building, Kushalnagar, Siddipet District -502'103.

4. The District lrrigation officer, Siddipet District, ICC Building, Kushalnagar, Siddipet District - 502103.

5. The Executive Engineer, lrngation and CAD Department, Gajwel Sector, Gajwel, Siddipet District-502278.

6. The Assistant Engineer, lrrigation and CAD Department, Jagadevpur Mandal, Siddipet District-50228 1 .

7. The Tahsiidar, Jagadevpur Mandal, Revenue Department, Siddipet District - 502281 .

8. The Station House Officer, Jagadevpur Police Station, Jagadevpur Mandal, Siddipet District - 502281 .

9. One CC to SRI BHAGAIAH.S, Advocate [OPUCI 10.Two CCs to GP FOR IRRIGATION, High Court for the State of Telangana at Hyderabad [OUT] '1 1 . Two CCs to GP FOR HOIVE, High Court for the State of Telangana at Hyderabad [OUT]

12. Two CD Copies ! DT \I BSR GJP HIGH COURT DATED: 07101t2025 j ORDER WP.No.363 of 2025 ( / J rJ I gE S T.4 -. 'i s (,^' ( ! ) > 1 5 FrB {075 * t) /::l[,.1tCB (-O DISPOSING OF THE WRIT PETITION, WITHOUT COSTS (s- tr l>\2-S f { csg^el r! I 1 t-1