The High Court · 2025

Counsel for the l):t tioner: SRI BASKULA ATHIK Counsel for the ller pondent Nos.1 and d2: Gp FOR REVEN|"JE: Counsel for the l?:s p')ndent Nos.3 and 4:-- The Court made the following: ORDER a ' I I I I HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITI ON No.2'163 of2O25 ORDER This Writ Petition is filed seeking the following relief:- "... appropriate writ or order or direction' particularly declaring the respondent Nos 3 and 4 illegal interference into the petitioner's business premises with political mob and damaged the petitioner's business property' threatened with dire consequence on petitioners famrly members forcefully obtain the undertaking letter, datecl 24 'Ol '2025 from the petitioner's lady Proprietor to close the petitioner's business within three days is illege , arbitrary' violation of Article 14' 19 (g) of the Constitution of India consequently' direct the official respondents to initiate necessary departmental actions against respondent Nos 3 and 4 for disturb the petitioner's business- ." lt is stated that the petitioner is running distilled water 2. supply plant since, 2OO3 in premises H'No 5-5-81/3/B' Prakashnagar, Pochamma Temple' Kukatpally' Hyclerabad lt is furtherstatedthathemadeapplicationundertheprovisionsof thewater,Landand,l.reesACt,2oo2(forSholt"theWALTA") seeking for permission for supply of distilled water as well as drawthewaterfromtheexistingborewell.Thegrievanceofthe petitioner is that without considering the application submitted by the petitioner seeking permission under the provisions of the WALTA, the respondent authorities are forcibly interfering with ,-.4, : 2 C]VBR, J \\'? 2263 2025 the br-rsi -r :s instan <:e c I

3. Ootsi rcspectir,: 5 dispose cl c I

4. ['rinct filed ir s rL:r1 obLain,lcl : lt Departrner I of thc 'i',\ .' water p [iL r middle o; l inconv<l r icrrc rcsponrler t : been sLtlt rL r Corpott -o; , . o[ the petitioner and also causitrg cam.]ge at the r ;litrcal hierarch5,. l ,r'cd tl-re submissions of thc learnt:c.l c,rrrnt.,el lor the rties and with their consent, tl-ris u,ri Irelrlion is the admission stage. i:.tcie, it appears from the contents oj tl.re zrffidavtt ,,rt of the writ petition that the periLionel has not pcrmissions from the Telangana (irc ur.d Water. .-rcl the competcnt authoritics unclet- t.rr. p-ovisions Since the petitioner is runn ing t re clist illcd , ' drzuving rnater from the boreu,.cll sttlr:Ltr r.l ir.r thc r : rcsidential colony, it would cleli,rrtelr cause ' 1o the neighbouring inhabitanr s. lJc rc:e. the r thorities, acting orl thc complarnt :,:ric1 t,.l havc :cl by the residcnts of localitl alrcl .lso tlte r : r,c exercised the porvcr of seizir.rg t hc r .,ir1 cr plant of the trrr:l ttl the er-rsrrit .g opinion th a t rrJ more particularly taking into,r(,n:,i(lcration of :,lmmcr season. Thcrefore, this Cor r ir; of the "l-re impugned order passed by the t-:.sl)ondent :; not suffer from any legal infirmrlies r,,trr ranting a summary junsdir tron under Artic:le 22,6 of lt're Constitution of India trven if the pcti:ioner,s lnLcrfercDc l rJ this Court in authorities r ic i 3 CVBR, J Wp 2263 2025 interest runs in[o conflict with public interest, public interest should prevail over individual interest and if the petitioner is allowed to draw water from the borewell existing in the middle of the residential colony and use the same for commercial purpose would delinitely cause inconvenience to inhabitants of the locality- Therefore, this writ petition is misconceived and the same is liable to be dismissed.

5. Accordingly, this Writ Petition is dismissed. However, the respondent authorities are directed to consider the application submitted by the petilioner sccking permission under the provisions of the WALTA and if the said application fulfils a1l the requirements under the provisions of the WALTA, consider the same in accordance with iaw. lt is made clear that after obtaining permission from the competent authority under the provisions of the WALTA, the petitioner is at liberty to run its water plant.

6. As a sequel, the miscellaneous petiLions pending, if any, shal1 stand closed. No costs \ \ To, ,/TRUE COPY/' 'R;$.?t,tiA?t,EERRX SECTION OFFICER at Secretariat' State of ecretary, Revenue Department Medchal Malkaigiri District hik, Advocate IoPucl UE, Hig h Court for the D nciPal 1. The Pri ana, Hyderabad. Telang 2. The Thahsildar' KukatPatlY Mandal' J. One CC to Sri Baskuta At 4. Two CCStO GP for Reven Hvd erabad [OUTl CD CoPies

5. Two qn- TJ GJP State of Telangana' at - -.-- .n -:-,r-- -. ;-;*S HIGH COU]R I- DATED:28lrC lt202S ORDER WP.No.2263 >f 2025 ,t o o t. 1nL o( 2 7 rAY 2[|i5 (.r > o t ,cpt :-=,--' 4' t DISMISSING '-HE WRIT PETITION WITHOUT C:O STS (s a ( z5