1. Chintha Reddy Atchi Reddy v. 1. The State of Telangana

Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in . - -.'lTiJil::,""J [Jl'i Iil11il: 1",5"iffi;it1l[T:*H:ff,n::;lJ: remove the current motor within 48 hours, without affording the petitioners reasonable opportunity of being heard as being illegal, arbitrary and unconstitutional and consequently set aside the same by directing the respondent No.4 herein not to take any coercive without conducting detailed survey. i1 !!NO:'!-OF 2015 (WPMP.NO:SI309 OF 2015) 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 grant stay of all further proceedings pursuant to the impugned Notice bearing RC No- 8/59512015-1 dated O4-11-2015 pending disposal of the main writ petition. Counsel lbr the Petitioners : SRI K.V.V.VEDANTHA CHARYA counsel lbr the Respondents : sMT s.sRAvANTHl, AGp FoR REVENUE The Court made the following ORDER THI HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.39754 OF 2015 ORDER: Heard the learned Counsel for the petitioners and Mrs. S.Sravanthi, learned Assistant Government Pleader for Revenue appearing for the respondents and perused the record.

2. The learned Counsel for the petitioners frled a Memo vide USR NO.92433 of 2025 dated 01.09.2O25 stating that the petitioner No. 1 died and the petitioner No.2, who is the son of the petitioner, alone is the legal heir of the petitioner No. 1.

3. The learned Counsel for the petitioners would submit that the instant writ petition is filed questioning the impugned Notice RC No.B/595/2015-1, dated

04.11.2O15 issued by the respondent No.4, directing the petitioners remove the current motor from their well situated in their lands admeasuring to an extent of ) Ac.8.O2 guntas in Sy.No.6, situated at Burgampa-had, ) 2 SK, J W.P.No.39754 of 2OtS Dornak*l Mandal of warangal District. The said well has been existing in the lands of the petitioners which was dug abc'ut 3o years back and they are using the water from the, said well for cultivation by fixing a motor. while it being so, some vested interested perscns of their vilrage Iodged a complaint before the responclent No.4 aileging that the petitioners are drawing water from the rvcll existing in the burial grouncts i, Sy.No s.26 or 3g. In fact the well is situated in the lands of the petitioners in sy-No.6 'towards northern sicle zrnd the so-called burial ground irs far away from the well of the petitioners. In pursuanc:e to the notice dated o4.L1.2o15 the petitioners have subrnitted a detailed explanation on o6. LL.2o15 and also requested to conduct a survey as to whether the existing rvell is in the lands of ttre petitioners or in sy-Nos.26 or 38 and requested allow the writ petition by directing the respondents not to interfere with the drawing of the water by the petitioners from the well, without conducting survey. I i 3 sr, J W.P.liIo.39754 of 2075

4. On the other hand the learned Assistant Government Pleader for Revenue basing on the written instructions submitted by the respondent No'4 in Rc.No.B/59512O15 dated 1O.lO.2Ol9 would submit that after filing the writ petition the respondent authorities have conducted survey and as per the said survey the well is situated in Government land in Sy.N.38, which is Bancharai land and without getting any permission from the Government itlegally the petitioners fixed the electric motor to the well and drawing the water to their fields'

5. The learned Assistant Government Pleader also produced the report of the Surveyor of Dornakal dated 24.02.2019 along with the map and also letter of the Village Revenue Officer, Burugupahad dated 16'0,6'2019 and submits that there are no merits and requested to dismiss the writ petition.

6. After hearing both sides this Court and on perusing the record, this Court is of the considered view that as per the contention of the petitioners the well is existing in 4 SI(, J W.P.No.39ZS4 of 20tS the lanris of the petitioners in sy.No.6 of Burugupahad village, Dornakal Mandal of warnngar District, whereas the res'pondents, basing on the survey Report dated 24'a2'2o 19, contends that the wen is in sy.No.3g, r..,[rich is Bancliarai, rvhich is a Government rand. A perusar of the lette'r of the Vilrage Revenue officer, Burugupahad dated L6-06.2019 there is no mention about the issuance of any nctice to the petitioners before conducting survey i. the sruit schedure property. tn the report of the surveyor dated 24-o2.2org it is mentioned that as per the orde's of this court in this writ petition they have conductec survey. In fact, there is no direction from this court' If the respondents wants to conduct survey, they have to isrsue notices to the petitioners. without issuing any notice, behind back of the petitioners, the respondent authorities have corrducted survey stating that the welr is situated i:n the Government land in survey No.3g. In vlew o .L -the-_same, the i*pugned notiee_dated O4:I1.201S issued by the respondent No.4 is tiable to be set aside. 5 sr, J V.P.No.39754 of 2075 this writ In view of the above circumstances'

7. petition is 'disposed of' by setting aside the impugned Notice No.B/595/2015- 1' dated 04.11.2015 issued bY the resPondent No'4' The resPondent authorities directed to conduct survey in the suit schedule land in this presence of the petitioner' duly issuing notice to him' Till then, respondents are directed not to interfere with thedrawingofthewaterbythepetitionerfromthe disputed well. The petitioner shall also cooperate with the respondent authorities in conducting survey' If the petitioner has any grievance with the survey conducted by the respondents, he is at liberty to question the same before the appropriate authorities' No order as to costs' 8. Miscellaneous Petitions' if any' pending in this writ petition shall stand closed' SD/. A.SREEN IVASAREDDY SISTANT REGI ,TTRUE COPY// SECTION OFFICER Hvderabad. ,. ,n" Secretary, Revenue Department' Secreta 2. The District Collector, Warang al District' Warang 3. The Revenue Divisional Offic,er , Mahabubabad, Warangal District. 4. The Tahsildar, Dornakal Manda l, Warang al District. 5. Two CCs to GP FOR REVENUE , High Court for the State of Telangana at t of Telangana at .V.VEDANTHA CHARYA' Advocate [OPUC] UTI IK.V Hyderabad One CC to SR Two CD CoPies -J@

6. 7. SA TKS HIGH COURT DATED:10 tO9t2O2S I EHT ( iJo i * 161-tB rrrzti z * ORDER WP.No.39734 ot 2O1S DISPOSING OF THE W.P WITHOUT COSTS. @.)- KS ap/.e