High Court · 2025

The State of Telanoana Rgp OV its principal Secretary to lrrigation and Command Area Dev6tooment bepirtmenii.S:t";il;r,at, Hyderabad. Ii;":iR??l"iS:Jr orr Ensi;;E;'t,s';ti"i ffi, =&Db; ii,ijliiJi ci,.r" Ii)rff,::,Bi.,tngineei,-i and CADD, trrisation Division No.4i Batkonda, The Assistant Executive Engineer, . lrrigation Sub_Division_ No.1 , Mupkal section,(Vilase and Mandat,) ft ;;;;brd6[iii"t]""-" 'niju gS years, Occ. State Vice Nayakudu Santhosh Xumai, Slo. Xii[u", Iffi'f:ll5iflTi,rf,ji3fl1?,i,",u, r,,to'.iri,, iil" i:r.ri zgArz ri,;,r,Jii,irrls'E ...RESPONDENTS Petition under Articre 226 0f rhe constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order or direction more particurarry one in the nature of writ of Mandamus to decrare the Letter No. AEE/rSD1/tiitupkar/camp, dated 25.01 .2025 issued by the Respondent No.4, which is without conducting any primary enquiry, ordering expranation, onry on a infruence, poriticar pressure and pursuant to the compraint of the Respondent No.S, areged to be submitted on 18 01 '2025, where in fact, the construction of house No. 6-125/4, consisting with tin shed house over the rand in Sy. No. 57t3, of Mupkar Viilage Mandar, Nizamabad District' is berongs to writ petitioner, using the same, for storage of crops, rice bags and other agricultural material, beside paying property tax and electricity bils regurarry, which one is not obstructing to any third party, generar public, incruding officiar or unofficiar respondents, hence the said notice and taking further actic)n i)'i the respondents No.2, dated 13.Ct'1 .2025 r'or mobilizing police force anc r-at-esildhar office support, as illegal, arbiirary, violation of principles of natura ustice and against the settled principles of law and consequently direct t": Respondents No.2 to 4 not to interefere wi'.h the subject property, without h;:rv'r g any jurisdiction lA NO: 1 OF 2O2!i Fetition urrd,:rr 1i,:ction '1 5l CPC praying that in the circumsr.ances stated in the affidavit filecl in r;upport of the petition, the High Court nray re pleased to direct the Respo 1c enls 2 to 4 not to dispossess nor demolish nor interfere with ln and enjoyment of the property of the petilioner bearing the peaceful poss€ssir H-No.6-'125l4, in Sy No. 57l3, situaled at Mupkal Village and Mandal, Nizamabad District pr nding disposal of the above writ petilion Counsel for the Peltitioner: SRl. KONGALA MOHAN GOUD Counsel for the Resporrdent Nos. 1to4: SRI LAXMALLA SANDEEP AGP FOR IRTIIGATION AND COMMERCIAL AREA DI:VEI-OPMENT Counsel for the Resoondent No.5: - The Court made the lrollowing: ORDER HON'BLE SRI JUSTICE C.V.BHASI{AR REDDY WRIT PETITION No.4728 of2025 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: "....to issue a Wit, order or direction more particularlg one in the nature of Wit of Mandamus to deilare the Letter No AEE/ISDI/ Mupknt/ Camp dated" 25.01.2025 jssued bg respondent No.4 which is uithout conducting ang pimary enquiry ordering explanation only on a influence politicil pressure and. pursuant to the complaint of respondent No.S illeged. to be submitted on 18.01.2O25 where in fact the constnrction of house No.6125/ 4 consisting u-,ith tin shed house ouer the iand in Sg.No.S7/3 of Mupkal Vitlage and Mandal, Nizamabad Distict is belongs to utit petitioner using the same for storage of crops ice baas and other agialltural material aesiae pagiig propertA tax a.nd _electicitg bills regularty uthich one X not iAsiructiig to any third party general public includtng official or inolficiil respondents hence the said notice and taking further action of the respondents No.2 dated 1 3. O 1 .2O2 5 for mobilizing police forci and Tahasildhar - offtce support as i egol arAitirg uiitation of pinciples of natural justice and against the settlid prtnciples if lau and consequentlg dtrect the Respondents No 2 to 4 not to i.nterfere uith the subject propertg ulithout hauing ang jurisdiction....

2. Considered the submissions of the learned counsel for the petitioner; Sri Laxmalla Sandeep, learned Assistant Government Pleader for Irrigation appearing for respondent Nos. 1 to 4 and perused the record. 2 \

3. The petiti rner claims to be the owner ald possossor of lands adm,:aslr - ng Acs'9-00 guntas in Sy'Nos 57' 58' 70 and 86 situate:d at Mupkal Village and Mand'al' Niz rmabad District, atrc tl Lrl revenue authorities have mutated h s name in' the rev3rrtl(' records and also issued patta'dar passbooks vide passborrk \o.T1115OO2O2OO and Khata No 30't' and he is investtnel: t s rbsidies also receivirlFl various incentives as sanctionerl bv the Government under cultivatior of I is lands' It is further stated th;rt tlre p etitioner had constn rc l,:,1 small house consisting of tin shed over the variotrs siche mes for landsinS.,.tic.57l3forstorageofagriculturaleqrLipments andotherrnil-r:rials,andthesaidconstructionsislssessed and allotted ,rs H.No.6-12 517 and he is regularl'r pzying the house taxe:, t: is further stated that under Section 11 of the Telangana l-:tlrd Revenue Act, 1317 Fasli, e\ erl' oc( upant ls entitled 1o r-:,:,ttstruct or repair godowns or u'r:lls on land occupied bv t'im or otherwise improve its condition rnd shall not be entitl':C except with the written permissicn of the Collector t:r i'.ppropriate agricultural land to purpor;es other than agricr;1tr. Lral' The case of the petitioner is that he obtained from the authorities an<[ paying all the ,l '..rril"tt" L -) assessment tax for the said portion which is assigrred H.No.6_ 125/7 consisting of tin shed house roof in Sy.No.57/3. The grievarrce of the petitioner is that without conducting any survey and without fixation of the boundaries, respondent No.4 issued a letter vide Lr.No.AEE/ISD1/MUPKAL/CAMP, dated 25.01.2025 directing to remove the temporary shed at canal boundar5r buffer zone abutting National Highway_44, within a period of ten days from the date of receipt of the said notice.

4. Learned counsel for the petitioner submitted as per the provisions of the Hyderabad Irrigation Act, 1357 Falsi, if any constructions are causing obstructions to the irrigation works, \ the respondent authorities have to issue notices to all the persons, who raised the constructions at carral boundary buffer zone abutting National Highway-44, but they cannot identify the constructions of the petitioner alone are causing obstruction to the irrigation works.

5. In view of the above, as the impugn ed letter uid,e Lr.No.AEE/ISD1/Mupkal / Canp, dated 25.01.2025 issued by respondent No.4 is not preceded by any enquiry and since no 4 notice has b,:e 'r issued to the petitioner, the imptrgnt d letter dated 25.01 2(1 25 is liable to be set aside and is irccc'rdingly' set aside, glar.ling Iiberty to the respondent autho'itles to conduct det ail :1 enquiry only after issuing notice to the . lt i ; made clear that this order does r ot Preclude petltloner the respo,-tcle.rt authorities from taking actron stl ictly in accordancr: 'l,ith law, if any constructions are rais;ed lt carral boundary lr:fli'r zone abutting National Highway-4 I

6. With .-h I above observations, this Vr'rit Per ition is disposed of. Nr: order as to costs' As a sr:oit,:1, the miscellaneous petitions pendin11, if arty' shall stanrl ::b ;ed. //TRUE COPY// To, S,D/- T. JAYASREE F'UT\ REGISTRAR DF ,. SECl'ION OFFICER Armoor, N iz:tnr,l lad.District' and Command Area Development 1 . The Prinr;ip al Siecretary to lrrigation . Deoartmeri T S Secretariat' Hyderabao' 2 16! 5gpr-'rrrtrrrlent .i"E'"diiiJJi]'iirEation and oADl) l risation Circle 3. The Exec ut,u,, '=ng,n"Jli"i' and CADD' lrrigation Division N o 4 Balkonda' ion- No l ' Mupkal 4 The Assist.in: :xecutive Engineer' .lrrigation ^Sub-Divis ' s 6i""'6t'to sh kolrcn[l'ruouAru GouD Advocate IoF'UC' 6. rwo ccs rc cp Foii''liiiiicAiror.r nuo CO|,4N/ERCIAL AREA DEVELOpt\4Er.l-t .High C"",,iti t"i ii',L State of Tetangana ar Hv(:erabad tourl 7. Two CD Oollit: ; Nizamabad )istrict. Section,(\rilr;le r and Mandal') Nizamabao L'rtstrtcr' BM GMN ff"rq" HIGH COURT DATED:18102t2025 ORDER WP.No.472ti rrf 2025 .-r= l lli - .- :::- ,rt o Lrl o 21 .uu 2[6 t t.,r s', . _ ,,- ,:' ,/' ,'/ i DISPOSING, CIF THE WRIT PETITION WITHOUT C:OSTS a.l\s\.r