High Court · 2025

Petition under Article 226 of 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 or ?ny other order/Writ declaring the action of the respondents no.2 to 6 in interfering with the peaceful possession and enjoyment of the Petitioner's Patta land total admeasuring to an extent of Patta land total admeasuring to an extent of Ac. 13.23 gts. which distributed in Sy. No. 23A to an extent 6 05 gts , in Sy No. 50/1/1 to an extent of Ac. 2.09 gts, in Sy, No. 64 to an extent Ac. 1.01 gts., in Sy. No. 66 to an extent Ac. '1 .05 gts., in Sy. No. 67 to an extent Ac. 0.24 gts., in Sy. No. 68 to an extent Ac. '1 10 gts., in Sy. No. 69 to 8n extent Ac. 1.09 gts. Situated at Chinnagopalpur Village, Makthal Mandal, Narayanpet District and Telangana State as illegal, arbitrary and violation of Art 14,21 and 3004 of the constitution of lndia and consequently direct the 1 .t I .l ! I I .t ,. respondents not to interfere and not to dtspossess the petitioner from the peaceful possession and enjoyment of the petitioner's land admeasuring to an extent of Patta land total admeasuring to an extent of Ac. 13.23 gts. which distributed in Sy. No. 23A to an extent 6.05 gts , in Sy No. 501111 lo an extent of Ac. 2.09 gts, in Sy. No 64 to an extent Ac. 1.01 gts., in Sy. No. 66 to an extent Ac 1.05 gts., in Sy No. 67 to an extent Ac. O 24 gts., in Sy. No. 68 to an extent Ac 1.'10 gts., in Qy. No. 69 to an extent Ac. '1 .09 gts. Situated at Chinnagopalpur Village, Makthal Itilandal, Narayanpet District and Telangana State A NO: { OF 2025 Petition under Section 151 CPQ praying that in the crrcumstances stated in the affidavit filed in support of the petition, the High Court may be plqased !o direct the respondents No.. 2 to 6 not to interfere and not to dispossess the petitioner from thg peaceful possession and enloyment of the petitionerq Patta land admeasuring tq an exteRt of Patta land total adpeaguring to an extenl of Ac 13 23 gts. whieh distributed rn Sy. No 2Q,A to an Axtgnt 0.05 gts., in Sy No. 50/1/1 to an extent of Ac. 2 09 gts in Sy No 64 to an extent Ae. 1.01 gts, in Sy No. 66 to an extent Ac. 1 05 Sts, in Sy No 67 to an extqnt Ac. 0.24 gts, in Sy. No. 68 to an extbnt Ac. 1.10 gts, in'Sy. No. 69 to an extent Aq 1 09 gts Situated at Chinnagopalpur Village, Makthal Mandal, Narayanpel District and Telangana State, pending disposal of the Writ Pgtition l 9sunsel for thg Petitioner: M/a. KAUATAM RAJIIHA geqnse! for the Regpondent Nos.l tg 4: QP FOR BEVENUE Qolrnsel for the Respondent No.5: 9P FOB IRRIGATION Counsel for the Respondent No.6: GP FOR HOME The Court made the foltowing; OBPER t I I I i I I * HON'BLE SRI JUSTICE C.V.BTIASKAR REDDY WRIT PE*TITION No.115OO of 2o.25 ORDER: It is stated that the petitioner is the pattadar and possessor of the Patta land total admeasuring Acs.13.23 gts., comprising in Sy.No.23A admeasuring Acs.6.05 gts., in Sy No.50/ 1/ 1 admeasuring Acs.2.09 gts., in Sy.No.64 admeasuring Ac.i.01 gts., in Sy. No. 66 admeasuring Ac. 1.05 gts., in Sy. No.67 admeasuring Ac.O.24 gts., in Sy. No. 68 admeasuring Ac. 1 . 10 gts and in Sy. No. 69 admeasuring Ac.1.09 gts. situated at Chinnagopalpur Village, Makthal Mandal, Narayanpet District, having inherited thc right over thc said properties and the petitioner's name has been recorded in all the revenuc records and she was issued pattadar passbook under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act,2O2O (for short "the Act 9 ot 2O2O"\. lt is further stated that the petitioner is receiving various incentives as investment subsidy sanctioncd by the Government for cultivation of their lands. The grievance of the petitioner is that respondent Nos.3 to 5 are frequently interfering with her peaceful possession and causing inconvenience for enjoyment of subject propert ies. \\ 2

2. Considered the submissions of the learned counsel for the respective parties and with their consent, this writ petition is disposed o[ a1 rhe admission srage.

3. It is the contention of the learned counsel for the petitioner that the subject lands are sikkam patta lands (tank bed lands) and they are entitled to cultivate the iands as and when water level is denuded and for the purpose of cultivation of their lands, they are removing the shrubs and bushes and the said act on their part does not amounts to interference of the irrigation rvork as defincd under the Act and prayed lor allowing the writ petition

4. Learned Assistant Government plcader for Revenue for respondent Nos. 1 to 4 and learned Assistant (]overnment Pleader for Irrigalion for respondent No.5, on instructjons, would submit that the petitioner claiming the rights over the subject properties is causing .bstruction to free flou, of water from upward stream o[ .Kanman Kunta, and also causing damage to the irrigation work as defined rrnder the Telangana Irrigation Act, 1SS7 Fasli (for short,,the Irrigation Act,,). 5. It stated by the respondents that the petitioners under ,n" *r; of cultivating the sikkam patta lands are obstructing w 3 \ the free flow of water to reach 'Kanman Kunta' and thereby the said local pond is not receiving the water at Full Tank l,evel and causing hardship to the Ayacutdars under the said irrigation source. It is further submitted that the petitioners are causing damage to the existing channel and as such the respondents restrained the petitioner's activity of interference with the irrigation work as defined under the provisions of Telangana Irrigation Act, 1357 Fasli. Pnma facie, iL appears that the rcspondents have issued pattadar passbooks for the lands comprising in various survey numbers and petitioner is entilled lo cultivatc the said lands and to receive various incentives as pattadar of the said lands as long as the said lands are not converted from agricultural use to other than agricultural purpose.

6. In view of the above, this Court deems it appropriate to dispose of the writ petition directing the irrigation and revenue authorities to conduct joint inspection of the subject lands and il it found lhat there is any obstruction of free flow of water from upstream of 'Kanman Kunta/Gunta' the same shall be removed by foltowing due procedure. The petitioner is directed to cooperate with the joint inspection for removal of any obstructions for free flow of water. trxcept for the above purpose, N I ( I 4 the respondents are directed not to interfere with the peaceful possession of the petitioner in any manner and if the patta lands are required for the purpose of irrigation w-ork, the respondent authorities are at liberty to acquire the same by following due process ol law.

7. With the above observations, this Writ petition 1S disposed of. There shall be no order as to costs. 8 As a sequel, the misccllaneous petitions pencling, if any, shall stand closed SD/.T. TIRUMALA DEVI . DEPUTY REGISTRAR \ //TRUE COPY// \ i \t..i sECrloN oFFlcER \I

1. The Principal Secretary - Revenue Department S$fetariat Hyderabad, Telangana State. To,

2. The District Qollector, Narayanpet, Narayanpet District, Telangana State. 3. The Revenue Divisional Officer, Narayanpet Narayanpet Division, lvlahabubnagar District, Telangana State.

4. The Tahsildar, Makthal, Makthal /andal, Narayanpet District, Telangana State.

5. The Expcutive Engineer, lrrigation Departmerlt l\Iahthal lt/ldl. Nqrayanpet District, Telgngana State.

6. The Station l-,louse OfficQr tvlakthal Police StAtion T One Ce to M/S KAMATAIM RAJITHA Advocate [OPUC] 8. Two CCs to GP FOR REVENUE ,High Qourt for the State of Telangana

9. Two CQs to GP for Home. Higlr Court for the Statg of Telangana at Hyderabad [OUTI 1 0. Two 9E9 to GP for IRRIGATIO\, Hig[ -Court for the State of Telangana at Hyderabed [OUTJ '1 l Two CP Copies ?r KKS BS t r I I I I I I i HIGH COURT DATED:21 10412025 ORDER WP.No.11500 of 2025 {Fs SI ,t, G g ) o \ I 2 B i,li'r 2li2: t or r.:.r l'. \ iC * ltI r I I r I I DISPOSING THE WRIT PETITION WITHOUT COSTS A- t-t1fr \1) I t 4