The High Court · 2025

'1 . Racharla Srinivas, S/o Ramaiah, aged 33 yrs, Occ Agriculture, R/o^H.No-4-81' Near Govt. School, Kundaram Village, Jaipur Mandal, Manchenal .ur91n9I' ^- z xa*uri ienuxa. W/o Srinivas, agdo as yrs, Occ Household, Rl/o H No 27- 395/16-1 , Hamaliwada, Mancherial Town and District' a. e-aiii-nr'oniriimi, wlb Ainor, agea 40 vrs, occ Household, R/o H No 27- 395t16-2, Hamaliwada, Mancherial Town and District' ...PETITIONERS AND 1 2 J 4 5 L' 7 The State of Telangana, represented by its Principal Secretary, Revenue Deoartment, Secretariat, Hyderabad. Th6 District Collector, Mancherial District. The Revenue Divisional Officer, Mancherial, Mancherial Dist' The Tahsildar, Mancherial Mandal, Mancherial District- iil D,ri;ioftl Engineer, irrigaiion Department, Mancherial, Mancherial District. ine ixecutive Engineer, lrrigation Department, Mancherial, Mancheial District. itri-'trrtunicipal Commissioner, Mancherial Municipality, Mancherial' Mancherial District. ...RESPONDENTS 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 a Writ, orddr or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents No. 2 to 6 in seeking to fix the full tank level of the pochamma cheruvu tank situated at land in sy no. 449 admeasuring Ac. 5,',l0 guntas of Garimalla village Mancherial Mandal and District, without restoring the pochammakunta tank to its original level by conductingsurveyinpUrsuanceoftherevenuerecordsasbeingillegal,arbitrary' violation of principles of natural justice and also violation of Article 14,21 and 300-A of the constitution of lndia and consequently direct the respondents to restore the pochammakunta tank to its original level by conducting survey in pursuance of the revenue records before fixing full tank leve l.A. NO: 1 OF 2016(WPMP. NO: 56942 OF 2016 ) Petition under Section 151 CPC praying that in the r:ircumstances stated in the affidavit filed in support of the petition, the High Cou,t may be pleased to direct the respondents No 2 to 6 to restore the pochammak.lnta tank situated at land in Sy.no. 449 admeasuring Ac. 5.10 guntas of Garimal a village Mancherial Mandal and District, to its original level by conducting survel, in pursuance of the revenue records before fixing full tank level by consid€ ring the petitioners representation daled 7 -10-201 6, pending disposal of the writ petition l.A. NO: 1OF 2017(WPMP. NO:45539 OF 2017 ) 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 amend the survey number as 370 instead of 375 in W.P.M.t, No.56943 ot 2016 in W.P.No. 46240 ot 2016, pending disposal of the writ petitic n l.A. NO: 2OF 2016(WPMP. NO: 56943 0F 2016) Petition under Section '1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Cour. may be pleased to direct the respondents No 2 to 6 to not to dispossess the petitioners from the residential houses bearing No.27-395-16- 1, 27-395-16 & 27 395-16-12 and land in Sy.no.375 admeasuring Ac.2-00 Guntas situated at Garrmalla village, Mancherial Mandal and District, pending disposal of the writ I etition Counsel for the Petitioner: SRl. N. INDRASENA REDDY Counsel forthe Respondent Nos. 1to4: AGP FOR REVENUE Counsel for the Respondent liios.5&6: GP FOR lRRt AND CCIMM Counsel for the Respondent No.7: SRI N. PRAVEEN KUMAtl, AREA DEVELOI)MENT The Court made the following: ORDER SC FOR MUNIC PALITY t r.,l THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR IIIRIT PETITION No.4624O of 2OL6 ORDER: This writ petition is filed seeking the following prayer: "to declare the action of respondent Nos.2 to 6 in seeking to fw the full tank leuel of the pochamma chauuu tank sttualed at land in Suruey No.449 admeasuring Ac.5-1O guntas at Goimalla Village, Mancherial Mandal and District, uLithout restoing the pochammakunta tank to its original leuel bg condueting surueg in pursuance of the reuenue records as being illegal, arbitrary, uiolation of principles of natural justice and also uiolation of Article 14, 21 and 30O-A of the Constitution of India. Consequentlg to direct the responds to restore the pochammakunta tank to its oiginal leuel bg conducing suruey in pursuance of the reuenue records before ftxing full tank leuel."

2. Today when the matter has been taken up for hearing, learned counsel for the petitioners submits that this Court uide order dated 06.02.2017 in W.P.M.P.No.56943 of 2016' passed the following interim order:- " Leanted Assisfant Gouernment Pleader for lrrigation submits that alreadg surueA uas conducted and full tanlc leuel u-tas faed and the same uas infonned to the Reuenue Department for taking further action cLnd also for euicting the encroachers bg follouLing due process of latu. In uietu of the same, tLrc petitioners shall not be dr.spossessed from the subiect propertg without following due process of lau. Houteuer, this order will not preclude the concerned authoritg from taking further actiorl in accordance u-tith lana" .

3. No counters filed by the respondents Learn ed Assistant Government Pleader for Revenue 4. appearing for respondents submits that ttLe respondent authorities will follow due process of law br:fore initiating action on the subject Property.

5. Recording the submission made by the leerned Assistant Government Pleader appearing for respondent s artd without expressing any opinion on the merits of the case, this r'r'rit petition is disposed of directing the responden authorities to fo1low due process as contemplated under law lrefore initiating action on the subject property and the orcers passed in W.P.MP.No.56943 of 2016 in W.P.No.4624O 'rf 2O16, dated 06.02.20L'7 would be remain effective till the respondents take appropriate action on the petitioners' property' 6 Accordingly, with the above directions this writ petition is disposed of. There shall be no order as to costs As a sequel, miscellaneous applications pending in this petition, if any, shall stand closed. SD/. AH AS M S Eb ABDILLA KHA STENT REGISTRA N R //TRUE COPY// secrbff-orrrcen To, i.i[:,-,"*S*':3[Sf il'ffilSl{':';:'n:'tu1',:"".":::,T:]s'Hvoerauad

4. The Tahsildar, Mancherial Mandal, Mancherial Utstnct., - 5. The Divisional Engineer, lrrigation Department, Mancherial, Mancherial

6. The Executive Erigineer, lrrigation Department, Mancherial, Mancheial District. District.

7. The Municipal Commissioner, Mancherial Municipality, [r/ancherial, Mancherial District. Hyderabad [OUTJ B. One CC to SRl. N. INDRASENA REDDY, Advocate [OPUC] 9. Two CCs to GP FOR REVENUE High Court for the State of Telangana, at

10.Two CCs to GP FOR IRRIGATION AND COMMERCIAL AREA DEVEL_OPMINT, {igh Court for the State of Telangana, at Hyderabad [OUT] 1'1 . One CC to SRI. N. PRAVEEN KUMAR, SC FOR MUNtCtpALlTy tOpUCl 12.Two CD Copies BM PVL \q- I I HIGH COURT DATED:0410812025 t \ ORDER WP.No.46240 o12016 I -4'-'-:'.-- /r{tt,r. \- ;;.. Ii -liu l\ 1. 15 stP .r]25 Di: DISPOSING OF THE WRIT PETTTION WITHOUT COSTS \G c* Wrw