Mohammed Salman v. The State of Telangana'

7- The Station House Officer, Kachiguda P S' Kachiguda' Hyderabad 8. Mr. Dange Singh, C/o. Shilpa Water P.lanl,2-4-735, Kachiguda' Nimboliadda' Opp. Grdveyard of Kachiguda, Hyderabad' l'\;' .,.RESPONDENTS Petition under Anicle 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 a Writ Order or Direction, more particularly one in the nature of WritofMandamus,declaringtheinactionoftheofficialrespondentsintaking action against the respondent No.g who hars been committing theft of water from underground watei line in premises No.2t41735, Kachiguda, Nimboliadda, Opp. Graveyard of Kachiguda, Hyderabad is highly illegal, arbitrary, improper, unjust and violation of Articles 14 and 21 of Constitution of lndia and consequenfly direct the officiar respondents to take necessary action agairst the respondent No 8 who has been committing theft of water from undergr()und water line in Premises No.2t4lt3|, Kachiguda, Nimboliadda, Opp. Graveyard of Kachiguda, Hyderabad. IANO:1 OF 2024 Petition under Section i 51 CpC praying that i in the affidavit filed in support of the petition, the Hig direct the official respondents to take necessary acti No.8 who has been committing theft of water from Premises No.2141735, Kachiguda, Nimboliadda, Opp. Hyderabad. n the circumstances stated h Court rray be pleased to on againl;t the respondent underground water line in . Graveyzrrd of Kachiguda, Counsel for the petitioner: SRI Dr. D.KAVAL KUMAR Counsel for the Respondent No.1 & 2: Gp FOR MCPL ADMN URBAN DEV Counsel forthe Respondent No.3: SRt G.MADHUSUDHAN REDUy, SC FOR GHMC Counset for the Respondent No.4 & 6: SRt MURALIDHAR REDDy KATRAM. GP FOR REVENUE Counsel for the Respondent No.5: Ms. S.SWATHI, AGP FOR IRRIGATION & CAD, Counsel for the Respondent No.7: cp FOR HOME The Court made the following: ORDER J THE HON'BLE THE ACTING CHIEF JUSTICE SUJOY PAUL AND THE HON'BLE SMT. JUSTICE RENUKA YARA WRIT PETITION IPILI No. 15 of 2024 ORDER: (Per the Hon'bte the Acting Chief Justice Sujoy Paul) Dr. D.Kaval Kumar, learned counsel for the petitioner. Sri Muralidhar Reddy Katram, learned Government Pleader for Revenue, for respondents No.4 and 6. Ms. S.Swathi, learned Assistant Government Pleader for Irrigation and Command Area Development Department, for respondent No. 5.

2. With the consent, hnally heard

3. In this writ petition, the petitioner has prayed for the following relief: "For the reasons in the accompanying affidavit, the petitioner herein prays that this Hon'bie Court may be pleased to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the inaction of the official respondents in taking action against the respondent No.8 who has bcen committing theft of water from underground water tine in Premises No.2l4lT3S, Kachiguda, Nimboliadda, Opp. Graveyard of Kachigucia, Hyderabad is highly illegal, arbitrary, improper, unjust and violation of Articles 14 and 2,1 of Constitution of India and consequently direct the official respondents to take necessary actior-r against the respondcnt No.S who has been committing tht-.ft oI water from underground water line in E L- 2 Premises No.2/4/235, Kachiguda, Nimboliadda, Opp. Graveyard of Kachiguda, Hyder:abad ""J p*"*'"r.h other order or orders as this Hon,ble Co".t -if Jee:,rr lit and proper in lhc circumstances of lhe case."

4. When the respondents were put to notice, respondent No.6 has filed the counter a-fhdavit arld stated as under: ^.ry ,.6. It is submitted that in response to the saicl notice the respondent-g has not filed e*plarruiion and ,,opi.. Li the permissions issued. Therefore lt'is fr"sumed that the respondent-8 has no explanation and coiies of perrnissions to file before this respondent as such o.de.s we.. passed U/s 15(2) of the Act,. 2OO2 for close/seal tf," 121 Uo.. wells for v.rolalign of the provisions of the Wilfe ict, 2OO2, rlirecring the Girdawar and Special Revenue in=p"ctnr. Ac:ordingly the Girdawar and Special Revenue f.r"i".io. of this office have seizcd the (2) bore wells fu.,ctlon'lrg in M/s Shilpa Water Plan t cover of panchanama on l'S ,12_202.1 . The photographs taken about the seizure of no." wels a,d plant are submitted herewith for kind perusal of this gon,Ute Court."

5. Along with the aforesaid counter affidavit, t he seizure panchanama and photographs of seizure have been riied. Thus, as per the stald ta-ken by respondent No.6, the action has already been taken against respondent No.g.

6. Learned counsel for the petitioner has liled the reply affidavit/rejoinder, but did not refute the categorical averments mentioned in paragraph No.6 of the counter affidavit filed by respondent No.6. Thus, we lind no reason to disbelieve the stand ) I ri _- 1 3 taken in the counter affidavit' which is supported by alnexures and photograPhs. In view of the stald taken by respondent No'6 as reproduced 7 hereinabove, nothing remalns to be done in this writ Petition

8. The writ petition is accordingly disposed of' However' in the interest of justice, it is observed that in the event any such breach takes place henceforth, the petitioner will be at libertY to file appropriate proceedings No order as to costs' Miscellaneous petitions pending' if any' shall stand closed' @- //TRUE COPY// sD/- A SREENTVA:t,BiRII SECTION OFFICER To, 1 2 3 rhe chier se-cretary ,".o^"I"?'JiT,'# #JJ['t* ttflJflili:ln3# Development Department' s€ .ban Deveropment u'0"" I IB,[.X*i"r"J3]3[I;,YH]35..3'o"f s''li:'t?YJi''il'on"' The Commissioner, Greater Hyderabad Municipal Corporation' Tank Bund' Hyderabad, T.S.

4. The District Collector, Hyderabad District' Hyderabad' T'S' 5. The Engineer in Chief, lrrigation and Command Area Development Authority' Hydera6ad, T.S Hyderabad

6.TheMandalRevenueOfficer'HimayathnagarMandal'Himayathnagar' 7. The Station House Officer, Kachiguda P S Kachiguda' Hyderabad 8. One CC to SRI Dr. D'KAVAL KUMAR' Advocate [OPUC] 9. One CC to SRI G MADHUSUDHAN REDDY' SC FOR GHMC IOPUCI 10.Two CCs to GP FOR IRRIGaTION & CAD' High Court for the State of '" i6rinsr* rt Hyderabad [ourl -ia,-

11. Two CCs to Gp FOR MC Telangana at Hyderabad iot +jtMN

12.Two CCs to Gp FOR t- Hyderabad [ouTJ URBAN DEV, High court for the stare of loME' High court for the Stater of Telangana al " Iyf":"3:ot"rooriFoR REVENUE, High court ror the star,i or reransana at 14. Two CD Copies I \ BSR BM HIGH COURT DATED:2410412025 t \ ORDER WP(P|L).No.15 of 2024 h.. itlE S 11 J \ 1[ iUL 206 z T "* * t!-c e I DrsposlNG OF THE WRrT pETrTtoN (ptL), WITHOUT COSTS \?U"ler