Kurri lndraiah v. The State of Telangana

5. K. Srinu, S/o. Chandraiah, aged about 40 years, Occ. Agriculture' R/o Pamulapahad Village, Madgulapalli Mandal, Nalgonda District.

6. Shamala Narasimha Reddy, S/o Rami Reddy, Aged Major, Occ. Owner of Bore-well, Rio Pannalagudem, Nakarikal, Nalgonda District. ...RESPONDENTS Petition under Article 226 ot 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 Mandamus, by declaring the inaction of the respondents Nos.3 and 4 in non-taking the action against the respondent No.5 and his illegal bore-well without obtaining any valid permission from the concerned authorities and without following the WALTA Act which is digged very adjacent the petitioners land in Sy.No.240l3 to an extent of Ac.0.30 gts, Sy.No.243lEE3 to an extent of Ac.0 16, Sy.No.241 to an extent ol Ac.o.27 gts, Sy.No.241 lAA4 to an extent of Ac.o.11 gts' Sy.No.241l9/17 to an extent ot Ac.O.27 gts, Sy.No.3191611 to ' n extent of Ac.1.26 gts total extent the land to an extent or Ac.4.017 gts situat rd at Pamulapahad Revenue Village, Madgulapaili Mandal, Nalgonda Distri, t, basing on the complaint made by the petitioner on 1OlOGl2O20, withor t following the due process of law basing on the complaint made by the petitior :r on 10/06/2020 is highly illegal, arbitrary, unconstitutional, unjust and in viol,: ion of principles of natural justice and also in violation of Articles 14, 19 (1) (g , 20 and 21 of the Constitution of lndia and consequently direct the Pl and 4th r tspondents to seize the bore of the 5th respondent which is digged very adjacerrl the petitioners land in Sy.No.240l3 to an extent of Ac.0.30 gts, Sy.No.243lt::3 to an extent of Ac.0.16, Sy.No.241 to an extent of Ac.0.27 gts, Sy.No.241l \A4 to an extent of Ac.0.1 'l gts, Sy.No.24'll9l17 to an extent oI Ac.0.27 gts, r;y.No.3191611 to an extent of Ac.1.26 gts total extent the land to an extent of Ac. ..017 gts situated at Pamulapahad Revenue Village, Madgulapalli Mandal, Nalg< nda District, basing on the complaint made by the petitioner on 1010612020 lA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the ci-( umstances stated in the affidavit filed in support of the petition, the High Cou 1 may be pleased to direct the 3rd and 4th respondents to seize the bore of the t th respondent which is digged very adjacent the petitioners land in Sy No.240l3 tl an extent of Ac.0.30 gts, Sy.No.243lEE3 to an extent of Ac.0.16, Sy.No.241 to rn extent of Ac.O.Z7 gts, Sy.No.241lAA4 to an extent of Ac.0.'1 1 gts, Sy.No.24l 9t17 to an extent of Ac.O.27 gts, Sy.N0.319/6/1 to an extent of Ac.1 .26 Fs total rxtent the land to an extent of 4c.4.017 gts situated at Pamulapohad Revenue /illage, Madgulapalli Mandal, Nalgonda District, basing on the complaint made by the petitioner on 1010612020 pending disposal of the writ petition. Counsel for the Petitioner : SRI RAPOLU BHASKAR Counsel for the Respondent Nos. 1 to 4: GP FOR REVENLil Counsel for the Respondent No. 5: SRI G. VIPLAV REDDY Counsel for the Respondent No. 6 : --- The Court made the following: ORDER a ( THE HON'BLE SRI WSTICE E.V.VENUGOPAL WRIT PEIITION No.15 681 0F 2020 ORDER: This Writ Petition is filed seeking Writ of Mandamus, by declaring the inaction of the respondents Nos.3 and 4 in non-taking the action against the respondent No.5 and his illegal bore-well without obtaining any valid permission from the concerned authorities and without following the WALTA Act which is digged very adjacent the petitioner,s land in Sy.No.24O/3 to an extent of Ac.O,3O gts., Sy.No.243/EE3 to an extent of Ac.0.16, Sy.No.24l to an extent of Ac.0.27 gts., Sy.No.24llAA4 to an extent of Ac.O.t1 gts., Sy.No.24t/glIT to an extent of Ac.O.2Z gts., Sy.No.3lg 16 / I to an extent of Ac.l.26 gts., total extent the land to an extent of Ac.4.0 17 gts., situated at Pamulapahad Revenue Village, Madgulapaili Mandal, Nalgonda Disti:t, basing on the complaint made by the petitioner on L0/06/2020, wittout following the due process of law basing on the complaint made by the petitioner on lO/06/2O2O 1S highly illegal, arbitrary, unconstitutional, unjust and in violation o[ principles of natural justice and also in violation of Articles la, 19(lxg), Page 2 of5 EVV,J \,.1, 'lo.l56al of 2020 20 and 21 of the Constitution of India and < cnsequently direct the 3.,1 and 4th responclents to seLze the t,r re of the 5th respondent which is digged very adjacent the petitioner,s lahd in Sy.No.24O/3 to an extent cf r\:.0.30 gts., Sy.No.243lDE3 to an extenr of Ac.0.16, Syl{ t.241 to an extent of Ac.O.27 gts., Sy.No.24l/AA4 to an extt: rt of Ac.O.1l gts., Sy.No.24I/9/17 to an extent of A:.O.2T gts., Sy.No.319/6/ 1 to an extent of Ac.L.26 gts., to _r I extent the land to an extent of Ac.4.Ol7 gts., situatecl at r mulapahad Revenue Village, Madgulapalli Mandal, Nalgcr da District, basing on the complaint made by the p :titioner on [0/06/2020 and pass such other orders as I ay deem fit and proper in the circumstances of the case.

2. When the matter was taken up for rr nsideration, learned counsel for the petitioner submitted that petitioner is in peaceful possession and cultivating the land rertaining to him situated in survey numbers as stated srrprzr It is further submitted that respondent No.5, without of taining any permission as contemplated under the rerevant rrovisions of the Act, drilled a borewell very adjacent to tL t petitioner,s l I I I EVV,J W.P.No-15681 of 2O20 open well, causing hardship to the petitioner. As a result, the petitioner's lands have been adversely affected by the said borewell, and the water supply to the petitioner's fields has become insufficient for agricultural purposes. Accordingly, a \ complaint was filed before respondent No.4 - Tahsildar on 10.06.2020. However, respondent No.4 has not taken any \ action on the said complaint. Hence, would seek appropriate direction.

3. On the other hand, Iearned Assistant Government Pleader submitted that the complaint/representation dated

10.06.2020 made by the petitioner shall be considered in accordance with law and will be disposed of by respondent No.4 after affording an opportunity to all concerned. 4 . Recording the submissions of learned counsel for the petitioner and learned Assistant Government Pleader, this Court deems it appropriate to direct respondent No.4 to consider the complaintl/representation of the petitioner dated 1O.O6.2020 and pass appropriate orders strictly 1n accordance with law, as expeditiously as possible. Page 4 of5 DVV,J U.r' 'lo.156aI of 2020 (' e

5. With the above direction, this Writ pctitior is disposed of. No costs. As a sequel, miscellaneous petitions, if ir ry, pending, shall stand closed. //TRUE COPYII sD/- U.O AS$I STA I SMAN ALI BAIG NT REGISTRAR \tcrroru oFFrcER To,

1. The Principal Secretary, . Revenue Department, : ,ecretariat Building, Secretariar, The State or t' irangi ni'il"yd;Ta; :'''" 2. The District Collector, Nalgonda, Nalgonda Diskict. 3. The Revenue Divisional Officer, Miryalaguda, Nalgonda I ristrict. o Madgulapalli Mandal, Nalgonda District ( :rstwhirc Evmutapaili ilX?J;1.t"'ar,

5. One CC to SRt RAPOLU BHASKAR, Advocate [OPUC 6. One CC to SRI c VIPLAV REDDY, Advocate [OPUC] 7. Two CCs to GP FOR REVENUE, High Court for the State of Telangana lourJ

8. Two CD Copies PVL PSK PMc{. HIGH COURT DATED:2910812025 ORDER WP.No.15681 of 2020 ' ) ,y'I ,1t rlY /1,-t$' ,l i ) ti-.- \1 ) .,y '.\ *'N:' ( r I|lE (/^\ (,- L | :8 10, l(: * l'lrTril lr.-i) I I I I DISPOSING OF THE WRIT PETITION WITHOUT COSTS PM4. 25\,-\>('