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 or order or direction, more particularly one in the- nature of Writ of fir'landamus declaring the action of the respondents in not taking any action against the 11th respondent for encroachment of Kothakunta Cheruvu and assigned lands situated in Sy.No's 71, 73, 85, 86, 93, 94, 95, 77O, 771,772,773,776,778 and 779 at N/ankhal Village, Thukkuguda Municipality, Maheswaram Mandal, Ranga Reddy District as wholly iliegal arbitrary in violation of Article 14, 19,21 and 300-A of Constitution of lndia and consequently to direct the official respondents to take stringent action against the 11th respondent by cancelling all his HMDA lay out permissions and to restore the Kothakunta Cheruvu and retain the assigned lands situated in Sy.No's 71, 73, 85,86, 93, 94, 95,77O,771,772,773,776,778 86 779 at Mankhal Village, Thukkuguda Municipality, Maheswaram Mandal, Ranga Reddy District in the interest of justice. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pteased to diFect ' the respondent authorities to consider the representations, dated, 30.06.2023 and 16.08.2023,25.01 .2025 and 27.01 .2025 given by the petitioner and to take stringent action against the gross irregularities committed by the 11th respondent in the interest of justice, pending disposal of the above Writ Petition. lA NO: 2 OF 2025 I Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent Nos. 2 to 5 and 10 to conduct suryey so as to submit the survey report before this Hon'ble court in order to protect the lake and govemment lands in the hands of 1'lth respondent in the interest of justice, pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI P. SHASHI KIRAN Counsel for the Respondent No.1: cP FOR MCPL ADMN URBAN DEV Counsel for the Respondent No.2: SRI KOWTURU PAVAN KUMAR, SC FOR HYDRA Counsel for Counsel for the Respondent Nos.3,4 and 10: AGP FOR REVENUE the Respondent No.5: SMT. M. BHAGYASRI, Counsel for Counsel for Counsel for SC FORMUNICIPALITY the Respondent No.6: SRI LAXMALLA SANDEEP AGP FOR IRRIGATION AND COMMAND AREA DEVELOPMENT the Respondent No.7: SMT. D. MADHAVI, SC HMDA the Respondent No.8: SRI GADI PRAVEEN KUMAR, DEPUW SOLICITOR GENERAL OF INDIA Counsel for Counsel for the Respondent No.9: SRI SAI PRASEEN SC FOR RERA the Respondent No.11 : -- The Court made the following: ORDER I I E t () I I HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.6613 of 2o25 ORDER: Heard Sri P. Shashi Kiran, learned'counsel for the petitioner and Sri Kowturu Pavan Kumar, learned standing counsel appearing for 2nd respondent, learned Assistant Government Pleader for Revenue appearing for respondent Nos.3,4 and 10, Smt. M. Bharyasri, learned counsel appearing for respondent No.5, Sri Laxmalla Sandeep, learned Assistant Government Pleader for Irrigation &, Command Area Development/respondent No.6, Smt. D. Madhavi, learned standing counsel appearing frrr respondent No.7, learned Deputl. Solicitor General of India appearing for respondent No.8 and Sri Sai Praseen, learned standing counsel appearing for respondent No.9. Perused the record.

2. Petitioner is resident of Thukkuguda village and municipalitr.. He is a fisherman. There is a tank called Kothakunta cheruvu in Mankhal village within 3.d l KL'J W.P.No.66r3 of 2025 2 respondent municipa-tity. Petitioner and other fishermen are conducting hshing in the said tank since long time and they are depended on the same. They are eaking out their livelihood by fishing in the said tank

3. According to the petitioner, l1th respondent has obtained layout from respondent No.7 and now he is leveling the land by closing the said tank illega1ly. He is making construction in the FTL and Buffer Zone of the said tank. Therefore, petitioner has submitted representations dated 16.O8.2023, 1.4-O8-2O23, 30.06.2023 to respondent Nos.2,5,6,7,8 and 9 with a request to take action against 1lm respondent. Despite receiving and acknowledging the said representations, they have not acted upon the sarne. Aggrieved by their in action petitioner filed the present writ petition.

4. Whereas, Sri Kowturu Pavan Kumar, learned standing counsel appearing for 2"d respondent has produced letter dated 2L.O2.2O25 of Executive Engineer, I&CADD, Irrigation Division No. 1, Hyderabad addressed \ ( J KL,J W.P.F-o.6613 oi2o25 to Deputy Collector, HYDRAA wherein it is stated that the officia-ls of 2"d respondent have inspected the said tank on 07.02.2025. They have addressed a letter dated 1O.O2.2O25 to Executive Engineer, Irrigation & Command Area Development, Irrigation Department-l seeking certain information including details of FTL, Boundaries of said tank. Vide letter dated 21.02.2025 respondent No.2 informed that they have requested the Superintending trngineer, Irrigation Circle, Hy<lerabad to verify the genuineness of the letters dated 18.07.2024 and 19.O7.2024. Therefore, Assistant Engineer, Irrigation I)epartment requested 2nd respondent to address the subject matter after confirming the genuineness of the documents for taking further necessary action. On confirming the genuineness of the said documents, work confirmation will be submitted for take furthel necessary action.

5. Learncd Assistant Government Pleader for Irrigation and Command Area Development Department has l / 7 I l i KL.J w.P.No.6613 of202s 4 produced written instructions of 6e respondent wherein it is stated that Kothakunta Cheruvu is situated at Mankhat village. It is recorded in irrigation source list urith UID 50503301609301 and Geo ID -78449L1722O2' The FTL survey of tank is completed on 16'02'2023 and F.T.L area is arrived at 8.234 Acres' The concerned Executive Engineer has filed a complaint in Pahadisharif Police Station vide letter dated 23'03'2023 on encroachment of Kothakunta cheruvu duly stating that some unknown persons a-re Iilling soil inside the F.T.L./Buffer Zone of Kothakunta cheruur' Vide letter dated 23.03.2023 concerned Executive Engineer has requested Thahsildar, Balapur Mandal and Municipal Commissioner, Tukkuguda Municipality to take necessa-ry action against the encroachers' The concerned Assistant Executive Engineer has filed a complaint in Pahadisharif Police Station on 19.06-2O24 against 1le respondent for constructing unauthorized C'C'Drain inside the F.T.L./Buffer portion of Kothakunta cheruvu a XL,J V/ P No.6613 of 2025 5 and police department has registered a case vide F.I.R.No.326 of 2024 dated 19.06.2024. The said written instructions of 6tr, respondent are placed on record.

6. Vide G.O.Ms.No.129, dated 18.09.2024 the State Government has appointed Commissioner, HYDRAA as , Chairman of Lake Protection Committee. Therefore, 2"d respondent has to take necessaqr steps to protect the said tank ald also assigned lands in terms of Ctause 7.1 of G.O.Ms.No.99, dated 19.O7 .2024. 7 - In the light of the said submission, report dated 2I.O2.2O25 ald written instructions of 6th respondent, notice to 1l,h is dispensed with.

8. This rnrit petition is disposed of directing respondent Nos.2,5,6 and 7 to consider said representation submitted bv the petitioner and take action strictly in accordance with law by putting the petitioner, 11rh respondent and all interested parties on notice and affording them an opportunity of hearing. However, they ]dL.J W P.No.66l3 of 2025 6 n shall complete the said action within a period of (O3) months from the date of receipt of copy of this order' g. With the aJoresaid directions, this writ petition is disposed of. There shall be no order as to costs'

10. As a sequel, miscellaneous petitions, if any, pending in the writ Petition shall stand closed' //TRUE COPY// soli.nnunaeLA DEvr UTY REGISTRAR ECTION OFFICER

1. The Commissioner, Hyderabad Disaster Response and Asset Protection Agency, Having its office at Budha Bhavan Hyderabad

2. The Director Having its office at Ameerpet Hyderabad Hyderabad Metropolitan Development Authority.

3. The Nodal officer Shamshabad, Airports Authority of lndia, Rajiv Gandhi lnternational Airport Hyderabad

4. The Secretary Having its office at DTCP Building Masab Tahk, Telangana for the State of Telangana, at Hyderabad [OUT] Real Estate Regulatory Authority, Hyderabad. 5. One CC to Sri P. Shashi Kiran, Advocate [OPUC] 6. Two CCs to GP for Municipal Administration Urban Development, High Court 7. One CC to Sri KoMuru Pavan Kumar, SC FOR HYDRAIOPUC] 8. Two CC to The GP for Revenue, High Court for the State of Telangana, at 9. One CC to Smt. M. Bhagyasri, SC for lr/unicipality[OPUC] '10.Two CC to The GP for lrrigation and Command Area Development, High Hyderabad[OUT] Court for the State of Telangana, at Hyderabad[OU! 11. One CC to Smt. D. Madhavi, SC FOR HMDAIOPUCI 12.One CC to Sri Gadi Praveen Kumar, Deputy Solicitor General of lndia[OPUC] '13.One CC to Sri Sai Praseen SC FOR RERAIOPUCI 14.Two CD Copies s To, TJ BS .\.: -\ HIGH COURT DATED:05103t2025 ORDER WP.No.6613 of 2025 rr-' '6 * ?7 ilAB Am t DISPOSING OF THE WRIT PETITION WITHOUT COSTS 4 A 1d