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 to declare the inaction of the Respondent No. 6 to furnish the joint survey report along with sketch to the Petitioners despite the requisition dated 08-04-2025 and 11-04-2025 as illegal and arbitrary and further to declare the memo in File No. Bl52Ol2O25 dated 10-04-2025 issued by Respondent No. 6 threatening to initiate proceedings against the Petitioners herein. for dispossession under the guise of dumping of gravel in FTL limits / buffer zone as illegal and arbitrary. -, ,,lr IANO:1OF2 025 Petition under section '1 51 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the Respondents not to dispossess the petitioners from their patta land of Ac.11-06 Gts in Sy.No. 164 and 171 of Enkatala Village, Mominpet Mandal , Vikarabad District and also to furnish the joint survey report atong with sketch to the Petitioners to enable the Petitioners to question the veracity of the report as the established procedure is not followed in preparation of the same pending disposal of the above writ petition. Counsel for the Petitioners: SRt M/s. SR|NIVAS VELAGAPUDI Counsel for the Respondents: Gp FOR REVENUE The Court made the following: ORDER n#qq ,/ THE HON'BLE SRI.IUSTICE C.V.BHASI{AR REDDY WRIT PETITION No.123O7 of 2025 ORDER: The petitioners claim to be the absolute orvners and possessors of patta land admeasuring Ac. 1 1 .O6 guntas in Survey Nos. 164 and. 771 of Entakala Village, Mominpet Mandal, Vikarabad District. It is stated that the petitionels have been issued pattadar pass books and title deeds in respect of ti-re said land and they are also receiving various incentives being sanctioned by the Government as investment subsidies. It is furthcr stated that rvhen respondent No.5 issued proceedings vide Lr.No.DEE/IRR/ SD-3/ KfP I 29 dated O 1.O7. 2024, alleging that on a joint survey, it is found that the petitioners have encroached/ dumped gravel in the FTl/buffer zone of the tank and directing to remove the same, the petitioners were constrained to file W.P.No.173O6 of 2024 and this Court vide its order dated 11.O9.2024 set aside the said proceedings, granting liberty to conduct fresh survey after putting the petitioners on notice. The grievance of the petitioners is that pursuant to the said order passed by this Court, the respondent authorities conducted joint survey on O4.O4.2O25, but even though they sq,[4gi,tted representations dated O8.O4 .2205 and L1.O4.2O25 2 seeking to furnish joint survey report along with sketch, so far the said report has not been furnished and moreover, under the guise of the said report, respondent No.6 is threatening to initiate proceedings against the petitioners for dispossession from the said land. Learned Assistant Government pleader for Revenue appearing for 1, 3, 6 atd, 7 submits that the total extent of the subject tank i.e, Chinna Cheruvu consists of Acs.22.24 gutnas forming part of various survey numbers of Enkatala Village; parL of the lands in Sunzey Nos. 163/p, 164 lp, 17llp,2t4/p and 2i3lP are submerged into the FTL area of the said tarrk; as such, after conducting joint survey on O4,O4.2O25 and after preparation of sketch for the extent of lands being submerged into the FTL area of the said tank, the respondent authorities have fixed the FTL boundaries. At this stage, learned counsel for the petitioners contends that the respondents having conducted the joint survey on O4.O4.2O25, did not hx the markings for FTL boundaries for the extent being submerged into FTl/buffer zone of the subject tank. w7- ., In view of the a-foresaid submissions, this Court without going into the merits of the matter, deems it appropriate to dispose of the writ petition by directing the respondent authorities to fix the markings/boundaries of FTL/ buffer zone of the subject tank, in tcrms of the joint survey conducted on O4.O4.2O25 and to furnish the said joint survey report to the petitioners. It is further directed that except the land forming part of Survey Nos.164/P ano lTllP of Entakala Village, the respondent authorities shall not interfere with the remaining lands of the petitioners, in any manner and the petitioners shall be allowed to carry on the agricultural activities, if the szune are not inundated. The writ petition is accordingly disposed of. Pending miscellaneous applications, if any, shall stand closed. There shall be no order as to costs. /t Telanqana //TRUE COPY// -- Asstsrenr REGISTRAR SD/.A.H.S. GOWRT SHANKAR sEcr(ft( oFFlcER To'1 . Prin.iprl Secretary Revenue Secretariat Buildings' Hyderabad' The State of , I;,'fJlB3i3"cretary lrrisation secretariat Buildinss' Hvderabad' rhe State of a. iFli'oYJitiit Collector, Vikarabad District at Vikarabad' 4. Executive ensineer, iigliiJ'ili'ol'cAlt'-bepartment' Divislon No 4' . Yif|.6i?t PJilflr"J rnrn""', Irrisation and cAD' In'Sub-Division No 3' - xoieoittv, Vikarabad District' 6. The Tahsildur, fvro.in"oJi'rriindal' Mominpet' Vikarabad District' 7 lvlandal Revenue sJlii"il;iffiffilp;i'ttltJl'l'ili rrrominoet' Vikarabad District 8 one cc to sRl M/..'diiliiviS VEiAolCUot'Advocate toPUCl 9. Two ccs to GP FOR"REVil.iur fiigri court ror the State of Telangana' ,,o l?Yt, copies GauthamiwI I HIGH COURT DATED: 2914125 ORDER WP.No.12307 of 2025 "'" '' '<::::--" V .$ :rr ' t] . ,l .-l .\ $\) \: ;i.l + DISPOSING OF THE WRIT PETITION WITHOUT COSTS. W