P. Shiva Kumar @ P. Shiva Kumar Reddy v. 1. The State of Telangana

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, order or direction, more particularly, one in the nature of Writ of Mandamus declaring the highhanded and illegal action of respondent No.4 in interfering and seizing the bore-well by affixing a seal in the premises of H.No.3-4-106/8/ 1 in Plot No.2, admeasuring 200 Square Yards, situated at Sy.No.42, Sai Chitra Nagar Colony, Ramanthapur Village, L.B. Nagar Zone, Uppal lvlandal, Medchal-Malkajgiri District, without issuing any prior notice and despite having valid permission for digging well in the subject premises, as being illegal, arbitrary and in gross violation of principles of natural justice apart from being contrary to the provisions of the Telangana Water Land and Trees Act I I I of 2oo2 and Rules made thereunder besides viorating petitioners rights guaranteed under Articles t a, 1 9 (t )(g) and 300-4 of constitution of lndia and consequently (a)dir-ect the Respondent No.4 to remove the seal on the seized bore-well in the subject property (b)direct the respondent No.4 and his officials not to interfere with the possession of the petitioner in the subject property (c)direct the respondent No.4 and his officers not to cause any obstruction in the construction activity being carried out by the petitioner.. in and over the subject property. l.A.NO:1 OF 2025 Petition Under section '1 51 cpc praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High court may be pleased to diiect the Respondent No.4 and his officers to remove the seal on the seized bore-well in the premises of H.No.3-4- 106/8/1 in plot No.2, admeasuring 200 Square Yards, situated at Sy.No.42, Sai Chitra Nagar Colony, Ramanthapur Village, L.B. Nagar,Zone, Uppar Mandar, Medchar-Markajgiri District, immediatery, in the interest of justice, pending finar disposar of the above writ petition. LA.NO:2 OF 2O2 Petition Unde. Section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High court may be pleased to direct the Respondent No.4 and his officers not to interfere with the possession of the Petitioner in the premises of H. No.3-4- 106/8/1 in plot No.2, admeasuring 200 Square Yards, situated at Sy.No.42, Sai Chitra Nagar Colony, Ramanthapur Village, L.B. Nagar Zone, Uppal lvlandal, Medchal-Malkajgiri District, in the interest of justice, pending final disposal of the above writ petition. I Counsel for the Petitioner : SRI V.RAMAKRISHNA REDDY Counsel forthe Respondents: AGp FOR REVENUE The Court made the following ORDER THE HON'BLE SRI JUSTICE C.V.BHASIIAR REDDY WRIT PETITION No.5389 of 2025 ORDER: , This writ petition is filed seeking following reliet "For the reasons stated in the accompanying affidavit, it is tierefore prayed that this Hon'ble Court may be pleased to issue an appropriate writ, order or direction, more particularly, one in the nature of "Writ of Mandamus,, declaring the highhanded and illegal action of respondent No.4 in interfering and seizing the bore-well by affi-xing a seal, in the premises of H.No.3-4- 106/3/ 1 in Plot No.2, admeasuring 200 Square yards, situated at Sy.No.42, Sai Chitra Nagar Colony, Ramanthapur Village, L.B. Nagar Zone, Uppal Mandal, Medchal-Malkajgiri District, without issuing any prior notice ald despite having valid permission for digging well in the subject premises, as being illegal, arbitrary and in gross violation of principles of natural Justice apart from being contrary to the provisions of the Telangana Water Larld and Trees Act of 2OO2 and Rules made thereunder besides violating petitioner,s rights guaranteed under Articles 14, f9 (1)(g) and 3OO-A of Constitution of India and consequently: (a) direct the Respondent No.4 to remove the sea_l on the seized bore-wel1 in the subject property; (b) direct the respondent No.4 and his officials not to interfere with the possession of the Petitioner in the subject property; 2 CVBR, J W.P.Nc'.5389 of 2025 (c) direct the respondent No.4 ald his offrcers not to cause arry obstruction in the constmction activity being carried out by the Petitioner in and over the subiect property; (d) and to pass such other order or orders ds this Honble Court may deem fit and proper in the facts and circumstalces of the C SC.

2. It is stated that the petitioner is owner and possessor of the land admeasuring 200 square yards in Plot No.2 Part in Survey No.42, situated at Sai Chitra Nagar Colony, Ramanthapur Viilage, L.B.Nagar Zone, Utrtpal Mandal, Medchal-Malkajgiri District (for short,'subject property) having purchased the same under registered sale deed uide Document No.B5OB of 1995 dated 23.08.1995. It is also stated that for the purpose of construction of house in the subject property; petitioner has made al application to the Greater Hyderabad Municipal Corporation (GHMC) for construction of a house in the subject property and GHMC has granted building permission uide Building Permit No.409959/5592/GHMC/2O24 dated 21.06.2024 and the concerned Municipal authorities have also issued Work 3 CVBR, J W.P.No.5389 of 2025 Commencement Letter uide Lr.No.409959lGHMCl10591/ 2024 dated 29.06.2024. It is further stated that the petitioner has submitted an application dated O6.OL.2025 uide Tralsaction No. 1 1360120295 seeking permission for digging bore-well in the subject property for the purpose of usage of water by paylng necessary charges and the 4e respondent, after conducting enquiry and duly taking into consideration the documents submitted by the petitioner, has accorded permission under the Telangana Water, Land and Trees Act, 2OO2 on 14.02.2025 for digging the bore-well in the subject property. The grievance of the petitioner is that the 4tr' respondent without issuing any notice and conducting any enquiry, at the instance of local politicians, are frequently interfering with the peaceful possession and enjo5rment of the subject property of the petitioner and seized the bore-well including the motor by affixing a seal. It is further grievance of the petitioner that at the time of seizure of the bore-well, the 4th respondent has not even issued any notice or called upon 4 CVBR, J W.P.No.5389 of 2025 any explanation from the petitioner or mentioned any violation of the conditions of the sanction of the bore-weli.

3. I\{r. V. Ramakrishna Reddy, learned counsel appearing frrr the petitioner vehemently contended that the action of the 4th respondent in seizing the bore-well of the petitioner without issuing any notice amounts to violation of principles of natural justice and Article 21 of the Constitution of India and consequently prayed this Court to direct the respondents to forthwith release the seizure of the bore-well to enable the petitioner for drawing water from the said bore-well.

4. This Court, instead of going into the merits of the case, since respondents have not passed any orders or the respondents have not seized the bore-well preceded by any enquiry in terms of the provisions of the Telangana Water, Land and Trees Act, 2OO2 and since the said action of the respondents amounts to violation of principles of natural justice, the respondents are directed to forthwith remove the seal on the seized bore-well and release the bore-well in the 5 CVBR, J W.P.No.5389 of 2025 subject property to enable the petitioner to enjoy the said bore- well for drawing of water. This Court does not preclude the I respondent authorities in initiating appropriate action strictly in accordance with law, if any violations are brought to the notice of the respondent authorities.

5. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous applications pending, if any, shall stand closed. SD/- L. VIJAYA LAXMI ANT REGISTRAR AS //TRUE COPY// \ ECTION OFFICER

1. The Principal Secretary, Revenue Department, Telangana Secretariat, State of Telangana at Hyderabad

2. The District Collector, Medchal-Malkajgiri District, At Anthaipally, Shamirpet Mandal.

3. The Revenue Divisional Officer, Keesara Revenue Division, Medchal- Malkajgiri District.

4. The Tahsildar, Uppal Mandal, Medchal-Malkajgiriy District. 5. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. [OUT]

6. One CC to SRI V.RAMAKRISHNA REDDY, Advocate IOPUCI 7. Two CD Copies w To \ SA HIGH COURT DATED:2410212025 ORDER WP.No.5389r of 2025 ,!! I I I DISPOSING OF THE W.P WITHOUT COSTS. tu6 irE S T.rq r6 .'\ t^\ 'a.. 3 0 APf, ?tii5 L) *\i% \.=::"2 r'