Cheeti. Satyalaayana Rao v. 1. The State of Telangana

circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order more particularly one in the nature of writ of rnandamus to declare the action of Respondenls in trying to disposes the petitioner from the possession of land bearing Sy.No.17Sl1-1 to an extent of Ac.S.OO Gts situated at Lingapur viHage DandepaHi Mandal, Dist. Mancherial without following due procedure of law as illegal, arbitrary, against to princples of . natural justice and violative of Article '14, 16 and 300A of C(,r stitution of lndia and consequently direct the Respondents to pay a compensati: r of Rs. 50,000/- for disturbing his possession over the above said land, in the ink rest of justice. lA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the cir iumstances stated in the affidavit filed in support of the petition, the High Cour may be pleased to direct the Respondents not to disturb the peaceful posser;r ion of the petitioner land bearing Sy.No.179/1-1 to an extent of Ac.5.00 Gts ;ituated at Lingapur village Dandepalli Mandal, Dist. Mancherial, pending dispos r of writ petition. Counsel for the Petitioner : SRI KONDADI AJAY KUMAR Counsel for the Respondent Nos. 1, 3 to 6: AGP FOR REVI: ,lUE Counsel for the Respondent Nos. 2 & 6 : AGP FOR IRRIGL' ION & COMMAND AREA D: r'ELOPMENT The Court made the following: ORDER THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL WRIT PETITION No.788 of 2O2O ORDER: This writ petition is frled seeking following relief: "...to issue a writ or order more particularly one in the nature of writ of mandamus to declare the action of Respondents in trying to disposess tlle petitioner from the possession of land bearing Sy.No.179/1-1 to an extent of Ac.S.OO Gts situated at Lingapur village, Dandepalli Mandal, Dist Mancherial, without following due procedure of law as illegal, arbitrary against to principles of natural justice ald violatrve of Article 14, 16 and 3OOA of Constitution of India and consequently direct the Respondents to pay a compensation of Rs.SO,OOO/ for disturbing his possession over the above said iand ..."

2. l,earned counsel for the petitioner would submit that petitioner is in possession and enjoyment of the lald in Survey No.179/ 1-1 to an extent of Ac.5.00 guntas, situated at Lingapur village, Dandepalli Mandat, Mancheriat District having purchas€d the sarne in the year 2O11 vide registered sale deed bearing document No. 1577 of 2Oll and had been cultivating the said land since then. l,earned counsel would further subrnit that without issuing any notice to the petitioner and without following the p ocedure as established by law the ollicial respondents ar: trespassing into the property of the petitioner and trying tc 'rbstruct the cultivation of the petitioner thereby causing ll lge losses to the petitioner. He would submit that this I c'urt vide its order dated lO.OL.2O2O passed interim order e.r follows: Lrarned Assistant GoveEunent Pleader for lrr E r1-ion, basing on the written instructions, submits that q'hen petitioner was illegally, trying to level the land r the full taDk level, the tesPondents tried to rem< r : the same- karned Counsel for the petitioner submits that , xcePt to the extent of the land owned by the petitior ( -, the petitioner is not dealing witlx any other lald. ln view of the same, there shall be interim direct rn as prayed for. However, if petitioner tries to encrolt( h the land pertaining to tank area, it is open lc. the respondent auttrorities to stop the same-

3. Hence would seek to dispose of the vrr tl. petition in terms of the interim order passed by this Court

4. Ms.Swathi, learned Assistalt Governmtt.l. Pleader for Revenue submits that a scheme namely P,: lda Cheruvu near Peddapeta (V), Dandepally (M), Mancherie I District was constructed by the Panchayat Raj Departmenl rnd the same was handed over to the Irrigation Departme r: I in the year In that connection, the Ayacutdars under

2005. Peddacheruvu have given representation to ihe District Collector, Mancherial on 30.O5.20 19 stating that the petitioner along with one Mr. Hari Nayak have occupied the lands in Submergence area (FTL area) and found leveling the land by excavating the soil from the Shikam Lands nearer to the bund and weir and the bund was breached in tJre year 2OL7 d:ue to sudden floods from upstream catchment and a request was made to the irrigation department for fixing the boundaries. Basing on the representation, enquiry has been conducted by lrrigation Department, Survey and land records staff and Revenue Department on 10.06.2019 and had found that the petitioner along with one Hari Nayak has raised the ground level of FTL portion (Survey No.l79 of Lingapur Shivar) and in that regard a complaint was given to the Sub-inspector of Police, seeking to inspect the tank and stop the illegal leveling and removal of earth layer in FTL area by coordinating the Revenue staff and Survey and Land Records stalf T.O'Lr.No.EE /lB/Divrr/ MNCL/DB/D3lLOO/M, dated 12.06.2019 under the intimation to District Collector, Mancherial : rrd Revenue Divisional Officer, Mancherial'

5. She would further submit that the iJle1l Li leveling in the FuIl tank level has been partially rer: lved by the petitioner on O4.O7.2OIg, 06'07'2019 and C' 'O7'2019 for safe passage of water through weir in to sr- rplus course which the bund may not be effected during th: heavy floods' She would further submit that remaining prr 1. of dumped soil which is in Full tank level (FTL) area has c be removed after rainy season by the petitioner as well tt one Mr'Hari Nayak. Hence, would seek to dismiss thi; writ petition facilitating to protect the full tank level and z lso to protect the bund

6. Having heard learned counsel for the retitioner and learned Assistant Government Pleader for levenue ' this Court without making any observations on the merits or demerits of the case is inclined to grant liberi' to the official respondents to protect the FTL area by taking legal recourse. In so far as patta land of ttt petitioner is concerned, oflicial respondents are directed t ot to resort to I I t i i I I I any illegal action without following due process as contemplated under law.

7. With the above directions, this writ petition is disposed of. No costs. As a sequel, miscellaneous applications if any, stands closed. To //TRUE COPY// sd/- . MALLIKARJU SISTANT o R ISTRA SECTION OFFICER crelariat, The State of S cretariat, The State of ' IH"trlffi:ffi1,.?X:F" Revenue Departrnen ' #B[1ff:flr01"S951 rnisation Department' 3. The District Collector, Mancherial District. 4. The Revenue Divisional fficer, Mancherial, Mancherial District. 5. The Tahsildar, Dandepalli Mandal, Dist. Mancheriat. 6 The Executive Engineer, rnigation Department, Mancheriar, Dist. Mancheriar. 7. One CC to SRI KONDADT AJAY KUMAR, Advocate tOpUCl B. Two CCs to Gp for REVENUE, High Court for the State of Telangana. [OUTI ' ,I:%3?"'"tir:"",8:lffltl& command Area Deveropment, Hish court ror 10.Two CD Cooies PVUMP t" d-@_ I l I HIGH COURT DATED:0611012025 ORDER WP.No.788 ot 2020 t t I ( o Q \ * ';.ltistia-; 9,: ., ,\\i \{r ) c rEB 2026 2 * E^TC DISPOSING OF THE WRIT PETITION WITHOUT COSTS J-rs \hl*