High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ orders of direction more particularly one in the nature of writ of mandamus challenging the actions of the respondents more particularly the Respondent No.3 in issuing the impugned orders, proceedings vide No. F111812025, Dated. 171112025, as being illegal, arbitrary and contrary to the procedure laid down under Telangana Land encroachment Act, 1905, and for a consequential direction to the Respondent No.3 to direct the 4th Respondent to consider the representations Dated 1710112025 and set a side the impugned proceedings issued vide proceedings NO. F/1 1812025, Dt. 1710112025. I l l 7 IANO: 1 OF 2025 Petition under section 1s1 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pteased to direct the 4th Respondent not to interfere with the peaceful possession of the petitioner subject property i.e , the plot erected with the tin sheds, admeasuring 210 Sq Yards, in SY No.230, situated at near the NSp Camp, Nidamanoor Village and Mandal, Nalgonda District and consequenfly direct the Respondent No.4 not to take any coercive steps to disposes the petitioner from the subject property. Counsel for the Petitioners: SRI MANOJ KUMAR AKULA Counsel forthe Respondents: GP FOR REVENUE The Court made the following: ORDER HON'BLE SRI JUSTICE C.V. BHASKAR REDDY ORDER: V/RIT PETITION No. 2558 of 2025 This Writ Petition is filed praying this Court to declare the proceedings No.F/1f8/2025, dated t7.OL.2O2S issued by respondent No.3- as illegal and arbitrary.

2. It is stated that the petitioners herein are in occupation of plot admeasuring 210 square yards in Sy.No.230, situated at near the NSP Camp., Nidamanoor Village and Mandal, Nalgonda District. It is further stated that the petitioners have been in possession of the same since long time by constructing a small tin roofed shed. It is further stated that the petitioners have made an application in terms of G.O.Ms.Nos.58 and 59, Revenue (ASS-IU Department, dated 3O.12.2Ot4 for regularization of the said extent of land and they have also paid 25o/o of the market value of the said property. The grievance of the petitioners is that without considering the said application, the respondents have initiated the proceedings under the provisions of the Telangana Land Encroachment Act, 1905 (for short "the Act"). 2 CVBR, J Wp_2558_2025

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

4. Learned counsel for the petitioners has submitted that the respondents, without providing a reasonable opportunit5r and also without considering the fact of possession of the petitioners for a long time, have passed the impugned order.

5. Learned Assistant Government Pleader for Revenue has vehemently contended that the land, which is encroached by the petitioners is identified as NSP Canat land. and if the encroachments are regulArized on the NSp Canal land, it would cause irreparable loss to the lrrigation work as defined under Section 3 of the Telangana Irrigation Act, 1357 Fasli (for short "the ACT, 1357 Fasli").

6. As per Section 3 of the of the Act, 1357 Fasli, the 'irrigation work' is delined as under:- '(a) irrigation world includes,- (i) all kuntas, reseruoirs, tanks, anicuts, canals, their distributaries, channels and sluices constructed, maintained or controlled whollg or partly by or uith tle consent of th.e Gouernment Jor the supplg, conueyance or storage of u)ater; 7 3 CVBR, J Wp_2ss8 202s {ii) all construction uorks, embdnkments, structures, supplg and escape channels, connected uith the aforesaid water reseruoirs, tanks, anicuts, canals, and their distibutaies, pipes and sluices and. all roads constructed for the purpose of facititating the construction or maintenance of the satd water reseruoirs, tanks, anbuts, canals, distibutaies, and their channels, pipes and. sluices; (iii) all drainage u.torks and Jlood embankments; (iu) ang paft of a iuer, stream, lake, natural uater reseruoir or drainage channel, to t/.)hich the Gouernment mag apply the proui-sions of section 6 or tlLe uater of which has been used before tle commencement of this Act for the purposes of ang exbting inigation work; (u) all lands appropiated bg the Gouerument for the putposes of water reseruoirs, tanks, agacuts, canals and. their d{sinbutc,i/es, pipes and sluices and all buildings, machinary, fenLes, gdtes and otLLer erections on such lands; (ui) all pumping sets which qre owned or consttucted or maintatned. or controlled uhollg or partty bA the Gouernment and not tanded ouer to ang person."

7. As per Section 47 of lhe Act, 1357 Fasli, no person is allowed to be in encroachment of the land and the Government is not having any right or authority to regularize the lald where the tank is utilised as water reservoir under a canal or channel.

8. Keeping in mind the safety of the project arrd admittedly as the land was acquired for the canal purpose, this Court is of the opinion that the ends of justice would be met if respondent t t 1 CVBR, J Wp 2558 2025 No.2 is directed to take into consideration of the possession of the petitioners, who are alleged to be down trodden communily of the society, and accommodate them for allotment of available land in any of the suitable housing scheme introduced by the Government from time to tirne subject to filing of an undertaking before him that they will evict and hand over the possession of the subject land.

9. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. l0 As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// SD/.T. TIRUMALA DEVI NT REGISTRAR ASS SECTION OFFICER To 1 The Special Chief Secretary, Revenue Department Secretariat, Hyderabad, State of Telanqana. Jf," ItS District Collector, Miryalguda, Nalgonda District, Telangana State. The R.D.O, Sub-Division Magistrate Miryal5guda, Nalgonda Disirict, Telangana State. The Tahsildhar, Nidamanoor Mandal, Nalgonda District. One CC to SRI MANOJ KUMAR AKULA, Advocate [OpUC] Two CCs to GP FOR REVENUE, High Court for the'State o'f Telangana, at Hyderabad [OUT] Two CD Copies 2 2 4 5 6 7 PSK. BS I HIGH COURT DATED:3010112025 ORDER WP.No.2558 of 2025 1Hg ST .(l t ou, 18 FFg 206 DISPOSING OF THE WRIT PETITION WITHOUT COSTS n ^ I