The High Court · 2025

Petiti,)ner: SRI VEERA BABU GANDU Respondent Nos.1,4 & 5: SRI LAXMALLA SANDEEP, AGP FOR IRRI AND COMM AREA DEV Counsel for the Gounsel for the Counsel for the Respondent Nos.2 & 6: GP FOR REVENUE Respondent No.3: SRI K.LAXMAN, SC FOR MPCt. Respondent No.7: - The Court made the following: ORDER HON'BLE SRI JUSTICE C.V. BHASKAR REDDY IVRIT PETITION No.23O7 of 2o25 ORDER This writ petition is filed praying this Court to declare the action of the 5ft respondent in interfering with the petitioner's property i.e., plot No.968, North Part (VLT No.2120021680) admeasuring 147 square yards or its equivalent to 122.90 Square meters (out of 282 square yards) in Sy.Nos.7l ar,d 72 situated at Injapur Vitlage, Abdullapurmet Revenue Mandal, under Turkayamjal Municipality, Ranga Reddy Dlstrict, as illega1, arbitrary and violative of Article 21 of the Constitution of India and consequently prayed for other appropriate reliefs.

2. It is stated that the petitioner is the owner and possessor of the plot bearing No.968, North Part (VLT No.2120O21680) admeasuring 147 square yards in Sy.Nos.71 ar,d 72 situated at Injapur Village, Abdullapurmet Revenue Mandal, under T\rrkayamjal Municipality, Ranga Reddy District, having purchased the same through registered sale deed bearing document No.3250 of 2024 dated 10.04.2024' It is further stated that petitioner's vendors and their predecessors-in- interest have purchased the said property through registered sale deeds. It is further stated that the land in Sy Nos'71 and 72 .a&- agricultural lands and after obtaining all necessary l 2 CVBR, J \\ p 2307 _2025 permissic,n s, the said lands were converted from eLgricrrlturai to non agric:uir.rtral purposes. The grievance of the, pcl itioner is that thc lespondents, without conducting any sun/ey ot.the land claiming ,hat the subject land is forming part of the MIrL/buffer zone area o[ the Lothu Kalva and Irrigation Work as; defined under the I rrigation Act, 1357 Fasli, are obstructing the constructiorl of the petitioners.

3. C,lr sic ered the submissions of the learned couns,rl for the respective p:rrties and perused the record.

4. Leat-ne i counsel for the petitioner has submrtted that the petitioncr h as constructed the house after c,btaitring ail permissrons r.om the local authorities and after obtainieg loans from thc linarLcial institutions. It is further submittecl that the respondr:n ts J-raving issued the clearance certificate are not having rLn y ri13ht to claim the constructions carr;.ed or L by the petitioner is lbrming part of MFL/ buffer zone area cf Lothu Kalva having allowed the construction of numbcr of houses within thre vic.i;-rity. It is further submitted that the r.espr,ndents, with malahd: intention and with the influence of political hierarch.r, are obstructing the construction activity that too without fo llorving due process of law and the said action is illegal and arlrit1ary. 3 CVRR, J Wp 2307_2025

5. Sri Laxmalla Sandeep, learned Assistant Governrqent Pleader for Irrigation, on instructions, has vehemently contended that the land where the construction being carried on by the petitioner is forming part of MFl/buffer zone area of the Lothu Kalva. It is also stated that the Depuly Executive Engineer along with the concerned Assistant Executive Engineer had inspected the Lothu Kalva which is passing from sluice of Dilawakhan Cheruvu and observed that petitioner had constructed the house in plot No.968 of Sy.Nos.71 and 72 io MFl/buffer zorre area of the Lothu Kalva. It is also stated that acting on the letter addressed by the Irrigation Department, the permission granted to petitioner by Irrigation Department has been revoked. It is further stated that as per the provision of the Telangana Water, Land and Trees Act,2OO2 and Irrigation Act, 1357 Fasli, the construction work would fall within the definition of the 'Irrigation work'. It is further stated that since the petitioner is proceeding with the construction in the MFL of Lothu Kaluva, the Irrigation Department has rightly obstructed the petitioner for constructions.

6. To put a quietus to the litigation and since it is stated that the subject lands have been purchased by petitioner and also obtained necessary permission from the,local authorities ;]--=axr.-*--:*..- - - 4 CVBR, J \rr'p 2307 2025 and in vi,:u cf the disputes that the said construction rvould fall within tL e ,rater body or sluice or vagu, this Oourt is of the opinion t h:rr lhe ends of justice would be met if the pcr.itioner is permitte(. tc make an application before the Assi:stanr Director of Survcy and Land Records enciosing a1l t,te llecessary documents 'rtd complying with the circular instruLctions issued by the Co lmissioner for Survey and Land Records for conduc[itrg ,)]' survey and localization of the subjerct lar:d. In the event ol l,he tonstruction being carried on by petitioner is not forming parl ,tf MFl/buffer zone or sluice and if thc s:rrnc is not an Irrigatior work, the respondents shall permit thc petitioner to proceerl u i:h the construction. If the construct_ions irre being carried on by the petitioner fal1s within the Irrigation work as per the plor,lsions of Irrigation Act, 1357, Fasil, thc resl>ondents are at libert,: to take appropriate action strictly in accordance rvith lavr. It rs made clear that if any of the illegal consr.ructions are allo,.r,erd trr the very same locality, the petitioncr is rLt liberty to make zll)l)ropriate application for removal of a i illegal construr:tjon .vhich would fall within the MFL/ buftcr zi)ne area of the l.othr r Kalr.a. The above exercise shall be completed within four 1tt4) weeks from the date of r"..,11, of ap clication submitted br ,he petitioner. 1 i I t I 5 CVBR, J Wp 2307_2025 7 . With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. 8 As a sequel, the miscellaneous petitions '. pending, if any, shall stand closed. SD/.T. CHANDRA SE ASSISTAN KH R REDDY ISTRAR //TRUE COPY// SECTIO OFFICER ,. ,n" PrinciPal Secreti ?f:i#:T*::l*""'ffi ; aTn;*ft r,.s.";'n:rt#h+*??fr l.?R'd'Hi,,lffi "l$",nt"Jgi{Llfi x3l)iJt?,8:5i"?;5t1irffi'*#Yff If ,'fi :*, 'Tn3"x'BLlr'*t-^'t*r*ii,fl$5gf,f t1bd;:;fi ::;",*"**" rfllltd;Ii"*" " +Li"333fltatg*"ltVC*[?Ytnn courtforthe state of reransana, at Hvderabad [OUTI tO.O-ne CC to SRI K'LAXMAN' SC FOR MPCL [OPUC] 11.Two CD CoPies H"t$; -4 HIGH COURT DATED:04103t2025 ORDER WP.No.2307 of 2025 ,, .l ,.-'. t i-' ,i.l. ./:, J 0 4 APA ?ti6 t Or s-r_\"t,:.:'.-r;r| DISPOSING OF THE WRIT PETITION WITHOUT COSTS