✦ High Court of India · 15 Apr 2025

yea rs v. '1. The state of rerangana

Case Details High Court of India · 15 Apr 2025
Court
High Court of India
Decided
15 Apr 2025
Bench
Not available
Length
1,465 words

...RESPONDENTS Petition under Article 226 ot the constitution of lndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ of Mandamus or any other appropriate writ declaring that the unauthorized interference which is being caused by the respondents to the possession and enjoyment of the petitioners in respect of the subject rand admeasuring Ac.8-16 guntas in sy.No.161/Al and 161/AA.r of Barapur viilage and Mandal, Ranga Reddy District having faired to take any action in terms of the order of the Honourable court in w.p.No.3752 ot 2019 dated 13.11.2024, is arbitrary, illegal and violative of Article 3004 of the constitution of lndia and consequenfly direct the respondents not to interfere in any manner with the possession, enjoyment and construction of the petitioners over the subject land. 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 c6urt may be pleased to direct the respondents not t,r interfere in any manner with the possession, enjoyment and construction of the petitioners over the subject land admeasuring Ac.g-16 guntas in sy.No 161/4l and 161/441 of Barapur viflage and Mandar, Ranga Reddy District, pending disposal of the writ petition. Counsel for the Petitioners: SRI VEDULA VENKATA RAMANA, SENIOR COUNSEL FOR M/S BHARADWAJ ASSOCIATES Counsel for the Respondent Nos.1 TO 4: Gp FOR REVENUE Counsel for the Respondent No.S: GP FOR lRRl & CAD Counsel for the Respondent No.6: SRI SINGIREDDY RAVINOER REDDY, SC FOR MPCL The Court made the following: ORDER =/ 6 THE HON'BLE SRI JUSTICE C. V. BHASI{AR RTDDY WRIT PETITION No.1O915 of 2025 ORDER: This writ petition is frled seeking to declare the unauthorized interference which is being caused by the respondents to the possession and enjoyment of the petitioners in respect of the subject land admeasuring Ac.8.16 gts., in Sy.Nos. 161/A1 and 161/AA1, situated at Balapur Village and Mandal, Ranga Reddy District, having failed to take any action in terms of the orders passed by this Court in W.P.No.3752 of 2019, dated 13.11.2024, as illegal, arbitrary and for other appropriate reliefs.

2. Considered the submissions of the learned counsel for the respective parties and with their consent this writ petition is disposed of at the admission stage.

3. It is stated that the petitioners are the pattadars and possessors of the lands admeasuring Acs.8.16 gts., in Sy.No. 161 and it sub-divisions, situated at Balapur Village and Mandal, Ranga Reddy District, having purchased under registered sale deeds bearing document Nos.4442 and 4147 of 2020, dated 2l.06.2000 and 14.06.2000 respectively. It is further stated that 2 CVBR, J wp_10915_2025 the revenue: authorities have recorded their narnes in the revenue records, more particularly, l-B register and have also issued pattadar passbooks and title deeds as per the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, l97l in respect of the subject property. The case of the petitioners is that when the respondents made efforts to interfere witl-r the possession of the petitioners stating that the lands purchased by the petitioners are forming part of FTL/Buffer zone of Yerrakunta Lake, they were constrained to file a writ pelition uide W.P.No.3752 of 2Ol9 ot the file of this Court and this Court, vide order dated 13.I1.2024 has disposed of the same and the operative portion of the said order is extracted belorv: "lr r view of the aforesaid submissiotrs, this Court rs of the opinion that ends of justice would be me1 . if the respondents are directed to issue notice to the petitioners before hnalization of the notificarion for hxation of the FTL/ Buffer Zone of Yerrakunta Lake. After conducting survey as per the provisions of the Telangana Land Revenue Act, I 3 1 7 Pasli, the Telangana Irrigation Act, 1357 Fasli arrd the Telangana Water, Land And Trees Act, 2O()2, if any part of the land claimed by the petitionr:rs is lound forming part of FTL/Buffer zone ol Yerrakunta Lake, the respondents shall take aporopriate action in accordance with law, within rr period of three months. Till such time, the parries arc directed to maintain statlls quo 7 4 3 CV8R, J wp_10915_2025 eisting as on today over the subject property, in all respects. With the above petition is disposed of,. observations, this writ

4. Mr. Vedula Venkata Ramala, learned Senior Counsel appearing for the petitioners, submits that in terms of the order dated 13.11.2024 passed by this court in the aforesaid writ petition, the respondents have not conducted survey in order to identify and rocalize the subject rands; in t].e said survey, if it is found that any part of the petitioners, lands are forming part of FTL/ Buffer zone of yerrakunta Lake, the respondents have to take appropriate action in accordance with law; even as on the date, for implementation of the said order dated r3.r7.2o24 passed by this Court, the respondents have not issued any notice nor conducted any survey for fixation of ttre boundaries of Yerrakunta Lake; on the contrary, the respondents are obstructing the petitioners from enjoyng the subject property; and mere depicting/mentioning the nature of the lands as shikam lands/tank bed lands does not take away the rights of the pattadars to enjoy the properties as absolute owners as and when water level being reduced in the tanks. I 4 CVBR, J wp_10915_2025 ))

5. Learned Assistant Government Pleader for Revenue, placing reliance on the written instructions of the Executive Engineer, Irrigation, submits that respondents have not received the copy of thr: order dated 13.11.2024 passed by this Court in W.P.No.3752 of 2Ol9 for conducting survey of the subject lands; as the same is now brought to the notice of the respondents, after verifying the material papers annexed to the writ petition, the respondents are proposing to conduct survey in terms of the order dated 13.11.2024 and take further course of action in accordance with law.

6. In vie'rv ,rf the said subrnissions, this Court deems it appropriate to dispose of the Writ Petition directing the respondents not to interfere with the possession and enjoyment of the petitioners over the subject landg in any manner, as long as the petitioners are cultivating the said lands. It is made clear that if the petitroners intend to put the said lands to use other than agricultural purpose, they shall obtain requisite conversion permissions from the competent authorities in accordance with law in force 5 CVBR, J wp_10915_2025 7 With the above observations, this Writ petition is disposed of. No order as to costs. As a sequel, the miscellaneous petitions pending, if any, sha1l stand closed. SD/- K.SREERAMA DEPUTY RE RTHY STRAR //TRUE COPYII SECTION OFFICER

1. The Principal Secretary, Revenue Department, Secretariat, Hyderabad, State

2. The District Collector, Ranga Reddy District at Kongarakalan, Ranga Reddy of Telangana. District.

3. The Revenue Divisional Officer, Kandukur Division, Ranga Reddy District. 4. The Tahsildar, Balapur Mandal, Ranga Reddy District. 5. The Chief Engineer, Minor lrrigation, Krishna Basin, Erramanzil, Hyderabad. 6. The Commissioner, Jalpally Municipality, Jalpally, Ranga Reddy District. 7. One CC to M/S BHARADWAJ ASSOCIATES, Advocate IOPUCI 8. Two CCs to GP FOR REVENUE, High Court for the State of Telangana, at

9. Two CCs to GP FOR lRRl & CAD, High Court for the State of Telangana, at Hyderabad. [OUT] Hyderabad. [OUT]

10.One CC to SRI SINGIREDDY RAVINDER REDDY, SC FOR MPCL [OPUC] 1 1 . Two CD Copies To PSK PSK HIGH COURT DATE D: 1 510412025 CC TODAY ORDER WP.No.10915 of 2025 gl AT E qrri v-, 11 rts stl ta, 9 ,r) + .a) . /t - rl- i ;'-=?r' DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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