High Court · 2025

THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION NO: 11480 OF 2025 Between: Smt. Rajyalaxmi, D/o Narasimha Chari Age about 43 Years, Occ. House Wife, R/o 1-2511 ,Chinnagopalpur, Makthal Mdl. Nalayanpet District. ...PETITIONER AND 1 The State of Telangana, Rep by its Principal Secretary - Revenue Department Secretariat Hyderabad, Telangana State. 2 J The District Collector - Narayanpet, Narayanpet District, Telangana State. The Revenue Divigional Officer - Narayanpet, Narayanpet Division, [\Iahabubnagar Distiict, Telangana Stdte.

4. The Tahsildar - Makthal, Makthal Mandal, Narayanpet District, Telangana State.

5. The Ex_ecutive Engineer, lrrigation Department MaKthal Mdl. Narayanpet District, Telangana State.

6. The Station House Officer. t\4akthal Police Station ...RESPONDENTS Petition under Article 226 o'f 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, Order or direction more particularly one in the nature of WRIT OF MANDAI/US or any 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 Ac. 12.37 gts. which distributed in Sy No. 501113 to an extent of Ac. 2.08 gts, in Sy. No. 51 to an extent Ac. 0.04 gts., in Sy. No. 5212 to qn extent Ac. 1.23 gts., in Sy. No. 57i2 to an extgnt Ac. 4.00 gts., in Sy. No. 5812 lo anextent Ac. 0.27 gts., in Sy No. 59 to an extent Ac. 1.07 gts , in Sy. No. 62 to an extent Ac. 2.03 gts., in Sy. No. 65 to an extent Ac. 1.05 gts. Situated at Chinnagopalpur village, Makthal Mandal, Narayanpet District and Telangana State as illegal, arbitrary and viqlation of Art 14,21 and 3004 of the constitution of lndia and con3equently direct tfre respondents not to interferb and not to dispossess the petitioner froin the peaceful I I .t I t I .l ,.t |{ possession and enjoyment of the petitioner's land admeasuring to an extent of Ac. 12.37 gts. which distributed in Sy No. 50/1/3 to an extent of Ac. 2.08 gts, in Sy. No. 51 to an extent Ac. 0.04 gts., in Sy. No.5212 to an extent Ac. 1.23 gts., in Sy No. 5712 to an extent Ac. 4.00 gts., in Sy. No. 5B/2 to an extent Ac. 0.27 gts., in Sy. No. 59 to an extent Ac. '1 .07 gts., in Sy. No. 62 to an extent Ac 2 03 gts., in Sy No 65 to an extent Ac. 1.05 gts. Situated at Chinnagopalpur village, Makthal Mandal, Narayanpet District and Telangana State lA NO: 1 OF 2025 Petition under Section 15'1 CPC praying that in thb circumstSnqes stated i1 the affidavit filed in support of the petition, the High Court may be pleased to direct the respon{g1ts Ngs.2 to 6 not to interfere and not to disposiess from thp peaceful possession and enjoyment of the petitioners land admeasuring to an extent of Ac. 12.37 gts. which distributed in Sy No. 5Ol1t3 to an extent of Ac. 2.08 gts, in Sy. No. 51 to an extent Ac. 0.04 gts., in Sy. No. Q2l2 to an gxtent Ac 1.2Q gts., in Sy No. 5712 to an extent Ac.4.00 gts.. in Sy. No. 5B/2 to an extent Ac 0,27 gts , in Sy No. 59 to an extent Ac. 1.07 gts., in Sy. No. 62 to an exient Ac. 2.Q3 gls , in Sy No. 65 to an extent Ac. 1.05 gts Situated at Chinnagopalpur village, It/akthal Mandal, Narayanpet Drstrict and Telangana State pending disposal of the Writ Petition Cqunsel for the Petitioner: Mls. KAII4ATAM RAJITHA Counsg! for the ReSpondent Nos,1 to 4: GP FOR BEVENUE Cgunsel foJ tlg Rgspondqnt No.5: QP FOR IRRIGATION Eqgnsq! fo1 th9 Rgppondent !!o.6; cP FOR HqMq Tbe Ceqrt qt?de the follg\./ing; ORDER 1 I I I I I ,! H ,d + ',* 5 r I I I I i HON'BLE SRI JUSTICE C.V.BHASKAR REDDY VIRIT PETITION No.11480 of2o25 ORDER: It is stated that the petitioner is the pattadar and possessor of the Patta land total admeasuring Acs. 12.37 gts, comprising in Sy.No.50/ 1/3 admeasuring Acs.2.08 gts, in Sy.No.51 admeasuring Ac.0.04 gts., in Sy.No.52/2 admeasuring Ac.7.23 gts., in Sy.No.57/2 admeasuring Acs.4.00 gts., in Sy.No.58/2 admeasuring Ac.O.27 gts., in Sy.No.S9 admeasuring Ac.1.07 gts., in Sy.No.62 admeasuring Acs.2.03 gts., and in Sy.No.65 admeasuring Ac.1.O5 gts., situated at Chinnagopalpur Village, Makthal Mandal, Narayanpet District, having inherited the right over the said properties and the petitioner's name has been recorded in all the revenue 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 of 2O2O"\. It is further stated that the petitioner is receiving various incentives as investment subsidy sanctioned by the Government for cultivation of their lands. The grievance of the petitioner is that respondent Nos.3 to 5 are frequenfly interfering with her peaceful possession and causing inconvenience for enjoyment of subject pro oerties. 2

2. Considered the submissions of the learned counsel for the respective parties and with their consent, this u,rit petition is disposed o[ at the admission stage.

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 lancls as ancl 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 work as defined under the Act ancl prayed for allowing lhe writ petiiion. 4 respondent Nos.1 to Learned Assistant Government pleadcr for Revenue for 4 and learned Assistant Government Pleader for Irrigation for respondent No.S, on lnstructions, would submit that the petitioner claiming the rights over the subject properties is causing obstruction to free 1lor.r, of water from upward stream of ,Kanman Kunta, and also causing damage to the irrigation work as defined under the Telangana Irrigation Act, 1357 Fasli (for short,,the Irrigation Act,,). 5 It slated by the respondents that the petitioners under the guise of cultivating the sikkam patta lands are obstructing I I I I I 3 the free flow of water to reach (Kanman Kunta' and thereby the said local pond is not receiving the water at Full Tank Level 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 Acl, 1357 Fasli. Prlma facie, it appears that the respondents have issucd pattadar passbooks for the lands comprising in various survey numbers and petitioner is entitled to cultivate 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 iL appropriate to dispose of the writ petition directing the irrigation and revenue authorities to conduct joint inspection of the subject lands and if it found that there is any obstruction of free flow of water from upstream of 'Kanmalrr Kunta/Gunta' the same shall be removed by following 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, l t I 4 (-. \ the respondents are directed not to interfere with the peaceful possession of the petitioner in any marner and if the patta lands are required for the purpose of irrigation work, the respondent authorities are at liberty to acquire the same bv following due process of iaw

7. With the above observations, this Writ petition is disposed of. There shall be no order as to costs. B As a sequel, the miscellaneous petitions pending, if any, shall stand closed 1 'J Hrl To, 1 ) 3 4 A b 7 8 //TRUE COPY// SD/-T. TIRUMALA DEVI DEPUTY REGISTRAR SECTION OFFICER The Principal Secretary - Revenue Department I elangana State. retariat Hyderabad, The District Collector - Narayanpet, Narayanpet District, Telangana State The Revenue Divisional effiCer - Narayanpet, Narayanpet Division, Mahabubnagar District. Telangana Sta'te. Ihe Tahsildar - N4akthal, tvlakthal Mandal. Narayanpet Districl Telangana State. The Executive Enoineer rrrigation Department Makthar [Vldr. Narayanpet District, Telangani State, The Station House Officef, Makthal police Station Qne CC to M/S. KATVATAI\I RAJTTHA Advocate [OpUC] Two CCs to Gp FoR REVENUE ,High Court for the State of Telangana. touTl Lryg A9c tg Q.tlCr Hoqe, High Court for the State of Telangana at Hyderabad [OUT]

10.Iwo CCs to GP for IRRIGATION, High Court for the State of Telangana at Hydeiabad. [0UT] 1 KKS BS '1 lwo pQ Copiqs (n- rF I t r F t hI I I l I I r HIGH COURT DATED:21 10412025 ORDER WP.No.11480 of 2025 l,l H 1l I -tr SrA I ( Y\ u^ '+ J o o 2 B !1r.i 2[25 t DF'l;p.ral t ( ( \ : C,) DISPOSING THE WRIT PETITION WITHOUT COSTS