Mr. Banjapelli Eashwaraiah v. 1. The State of Telangana

9. Mr. Majheth Krishna Mestry, S/o Ramulu, age about 40 years, Occ Business, Fl/o Rear vasavi colony, Balagoud Funation Hall Yellareddy (VandM) District Kamareddy. Phone. 9866242265.

10.Mr. Marri Balaiah, S/o Lingaiah, Age about 42 yea$, Occ Business , Rl/o kalyani Bais Yellareddy (VandM), District Kamareddy Phone no 9948398838.

11.Md. Abdul Jaleel, S/o Allah Baksha, age about 45 years, Occ Busniess, Fl/o Patan gally,Yellareddy (VandM) Dist. Kamareddy. Phone No 9849587866. I I I I I I I I '12. Mr. Uppari Santosh, S/o Shamkar Age about 35 years, Occ Mechannic, Rl/o V Mstodr masan Pally , Mandal Naireddypet, District Kamareddy, Phone No 9963043455.

13.Mr. Vodle Venkateshan, S/o Vishwnath, Age about 41 years, Occ Business, Fl/o BC Colony, near Puchama Tempol, V and Mandal Yellareddy, Disticr Kamareddy, Phnoe No 9542606905.

14.Mr. Korng Sailu, S/o Anjaiah, aged about Q{ Ve31s' Occ Business R/o Mudiraj Gally Tthe Ward ,Yeltareddi (V and M) Dist.. Kamareddy. Phone No 9866029628. ...RESPONDENTS Petition under Article 226 ot lhe 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 writ of Mandamus declaring the action of the 2nd to Bth respondent is not taking action in accordance with vide bearing no Lr.No. AEE/Irr Sec/Ylr/ 01 dated 06-03- 2024 aganisl the respondent no 8th to 14th and ordered against petitioner as illegal, arbitrary, u nconstitutional and cutting short the petitioner's fundamental rights and constitutional rights guaranteed under the constitution of lndia and consequently direct the 2nd to 8th Respondents to take action. 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 pleased to direct the respondent no 8 to 1 4 to stop the contract work in Sy. No 471l1l1 admeasuring to an extant of 0.0850.gts situated at Yellareddy Village and Mandal District Kamareddy and direction to official respondents to vide bearing no Lr.No. AEE/lrr Sec/Ylr/O'1 dated 06-03-2024, issued by the respondent no 3 take necessary action, including alienation of lands, pending disposal of the main wdt petition on the above grounds in the interest of justice. Counsel for the Petitioner : M/s GIX LAW FIRM AND LEGAL SERVICES Counsel for the Respondents No.1to3 : GP FOR lRRl AND COMM AREA DEV Gounsel forthe Respondents No.4,5&7: GP FOR REVENUE Counsel for the Respondents No.6 : SC FOR YELLAREDDY MUNICIPALITY Counsel for the Respondents No.8 : GP FOR HOME Counsel for the Respondents No.9to14 : The Court made the following: ORDER - I HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.1O34O of 2025 ORDER: The present writ petition is hled under Article 226 of the Constitution of India seeking for following relief: ".. . .to issue q Wit ord.er or direction more particularly one in the nature of Wit of Mandamus declaing the action of the 2^d to 8th respond.ent is not taking action in accordance uith utde beaing Lr.NI.AEE/ Iff Sec/ Yr/ 01, d"qted 06-03-2024 agairLst tle respondent no 81h to 14th and ord-ered against petitioner as illegal, arbitrary, uncon-stihttional and cutting stDrt the petittoner's fundamentql ights and constitutional ights guaranteed under th-e Constitution of India and consequently direct the respondent no sth to l4th to stop the consttudion tuork immediately till th.e disposes and pass...."

2. Considered the submissions of the learned counsel for the respective parties and perused the record.

3. It is stated that the petitioner is the pattadar and possessor of the agricultural land admeasuring Ac.0.0850 gts., in Sy.No.a7O/ 1/ 1, situated at Yellareddy Village and Mandal, Kamareddy District. The case of the petitioner is that he is the ayacutdar of the Pocharam Project and the adjacent farmers to the said irrigation work are illegally diverting water by laying pipelines, thereby encroaching upon the natural drain on downstream of under tunnel at Km 35.352 of Pocharam Main canal of Pocharam Project. Therefore, the petitioner has made a representation dated 22.06.2023 to respondent No.3, requesting to take immediate action for removal of the said 2 unauthorized pipelines at Km 35.352 and allow free flow of the water to the downstream of the irrigation work so as to enable the ayacutdars to cultivate their lalds and acting upon the same, respondent No.3, uide Lr.No.AEE/lrr Sec/Ylr/Ci1, d.ated. 06.03.2024 issued proceedings to the encroachers/respondent Nos.9 to 14 to remove the pipelines laid dowri on downstream of under tunnel at Km

35.352, within seven days. The grievance of the petitioner is that despite respondent No.3 having issued proceedings uide Lr.No.AEE/Irr Sec/Ylr/Ol, on 06.03.2024, respondent Nos.9 to 14 have not removed the unauthorized pipelines, thereby causing obstruction of free flow of water to the downstream of the irrigation work and due to which, the ayacutdars are not in a position to cultivate the lands and as the water released from the Pocharam Project is the only irrigation source to him and other ayacutdars, the obstmction is adversely alfecting their right to livelihood. Hence, the present writ petition.

4. In view of the above, since it is stated that respondent No.3 has already initiated proceedings uide Lr.No.AEE/lrr Sec/Ylr/O l, dated

06.03 ,2024 directing the encroachers to remove the pipelines laid down on downstream of under tunnel at Km 35.352, within seven days, this Court deems it appropriate to dispose of the writ petition directing respondent No.3 to take immediate action for removal of the 3 unauthorized pipelines laid down by the encroachers obstructing free flow of water to the downstream of Pocharam Project, strictly, in accordance with law, within a period of four (04) weeks from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is disposed of. As a sequel, miscellaneous applications pending if any, shall stand closed. No costs. //TRUE COPY// SD/. P. PONNA KRISHNA ASSISTANT REGISTRAR SECTION OFFICER /t To, \ 1 l.ThePrincipalsecretary,lrrigationDepartment(landCD),secretariat,Stateof Telangana, HYderabad.

2.TheExecutiveEngineer,(EE)lrrigationDivisionofficeatKamareddy(land cAD)

3. The Assistant Engineer, (l and cAD) lrrigation Division office at Yallareddy, District KamareddY

4. The District colletor, Kamareddy At lntigrated complax Kamareddy Town and District.

5.TheRevenueDivisionalOfficer,(RDO)AtYellareddyMandalandTown' District KamareddY

6. The Commissioner, Yellareddy IVluncipality, at Yellareddy' 7. The Tahsildar, Yellareddy (Mandal) Yellareddy lvlandal and town, district Kamareddy.

8. The station House officer, (sHo) Police Station Yellareddy, At Yellareddy It/andal and Town, District Kamareddy' g.oneCCtoM/sGIXLAWFIRMANDLEGALSERVICES'Advocate.[oPUC] 10.Two CCs to GP FoR lRRl AND CoMM AREA DEV, High Court for the State of Telangana. [OUTI ,1 1.TWo CCs to GP FoR REVENUE, High Court for the State of Telangana at Hyderabad. [OUT] 'l2.TwoCCstoGPFORHOME,HighCourtfortheStateofTelanganaat Hyderabad. [OUT]

13.One CC to SC for Yellareddy Muncipality. [OPUC]

14.Two CD CoPies, BSK GJP. I HIGH COURT DATED:0710412025 -tEL4 \ \ c \t .9 .\s. (^) J N. ('' ) !_1 )l ORDER WP.No.10340 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS e)qo w