The High Court · 2025

Counsel for the Respondents: SRI H. RAKESH KUMAR, L(;p FOR REVENUE REPRESENTING GP FOR I EVENUE The Court made the following: ORDER I THE ITON'BLE SRI JUSTICE E.V. VENUGOPAL WRIT PETITION No.2O17 o oF 2022 ORDER: This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief/s:- ".,. to issue a Writ, Order or Direction more particularly one in the nature of Writ of Maldamus, declaring the action of the respondents 2.to 4 in not safeguard the Bonthuvari Kunta Cheruvu situated in Sy.No.1489 to an extent of Acs.13,08 Bts situated at la.tchalnagudem Village, Vemsur Mandal, Khammam District, fiom the hands of the land grabbers who are rllegally encroached the said cheruvu land and making constructions, without considering the representations datgd OL.O4.n2t, 09.O3.2O21 and O9.09.2O19 of the petitioners is highly illegal, arbitrary and against to the principles of natural justice and also violative of Artictes 14, 19, 21 and 300-A of Constitution of India in the interest ofjustice and to pass such other order or orders ..."

2. Heard Mr.Kondapalli Syam Sundar, learned counsel for the petitioners arrd Mr.H.Rakesh Kumar, learned Assistant Government Pleader representing learned Government pleader for Revenue appearing for respondents.

3. The brief facts of the case are that the petitioners are residents of Latchannagudem Village, Vemsur Mandal, Khammam District and they were doing agriculture; that the petitioners were cultivating their agricultural lands from the water derived from Bonthuvari Kunta Cheruvu, situated at Survey No. 1489 to an extent of Acs 13.O8 gts, without any disturbance. Whileso, the Telangana Government started the project under the name and s tyle of Mission Kakatiya, for the 2 said works; that the authorities had surveyec the said kunta cheruvu, fixed the boundaries and dug the kan< akam in the said cherulrr and thereafter, left it as it was; that during the year 2Ol9 of Kharif season, some of the village peolr : having political background, illegally encroached the said kanc akam and doing cultivation in the said land without there bein11 any right or title over the said kandakam, due to which, the pet tioners were not getting enough water to cultivate the lands; tt,i t the petitioners had approached respondent No.4 and narraterl the facts but in vain; that the petitioners also filed complaint tl rough Prajawani before the RDO, Kalluru on 09.09.2019; thal immediately the RDO called the Tahsildar ald informed him -o look into the matter; On such instructions, respondent No.z. Tahsildar, came into the fields, inspected the kunta cheruvu lir rd and informed that the people illegally encroached the cheruv- land and raised paddy crop ald the same is existing; that aftr r harvesting the crop, it was stated that action would be take n against them. Thereafter, 2O2O khariff season, respondents p- rvided protection to the said kandakam cheruvu, for which the said illegal land grabbers have not raised any crops in the said ancls. Later, the petitioners came to know that the said land gral bers, during the night time, illegally trespassed into the karr lakam cheruvu, 3 illegally removed mud from the sikham land and trying to grab the said sikham land illegally; that if the land grabbers succeed in the said illegal activities, the petitioners would be put to suffer irreparable loss and hardship due to scarcity of water while performing lheir agricultural operations. Aggrieved by the same, the petitioners preferred the present Writ Petition

4. l,earned counsel for the petitioners submits that the petitioners have submitted representations dated Ol .O4.2O21, O9.O3.2O2I and 09.09.2019 to respondent authorities but the sarne are under consideration till date. Therefore, he seeks indulgence of this Court and to pass appropriate orders.

5. [,earned Assistant Government Pleader for Revenue c,ontends that the representations of the petitioners would be considered in a short span of time and seeks to dismiss the Writ Petition.

6. Having regard to the submissions of both the learned counsel and on perusal of the material available on record, this Court is. inclined to direct the petitioners to file a fresh representation before respondent No.2 within a period of four (4) weeks from the date of receipt of a copy of this order. On such representadon, respondent No.2 is directed to examine the same t I : I I I i i I j l i I I i l I 4 arld pass appropriate orders, S per law, atl expeditiously AS possible. 7 With the above direction, this Writ petition is disposed of. No order as to costs. Miscellaneous Petitions, pending if any, st i ll stand closed. SD/. M. NAGAMANI ASiI .ISTANT REGISTRAR t'-aj SECTION OFFICER //TRUE COry// To,

1. The Principal Secretary, Revenue Department, itate of Telangana, Secretariat, Hyderabad

2. The District Collector, Khammam District, Khammam. 3. The Revenue Divisional fficer, Kalluru Division, Kharl nam District. 4. The Tahsildar, Vemsur Mandal, Khammam District. 5. One CC to SRI KONDAPALLI SYAM SUNDER, Advor:r te [OPUC] 6. Two CCs to GP for Revenue, High Court for the ltate of Telangana at Hyderabad. [OUT]

7. Two CD Copies MP BM ^JT I.IGH COURT DATEIt:2010812025 I rAr€ cr 3 ?l lrtm 6) _1, L. * ORDER WP.No.2( 170 of 2022 DISPOSING OF THE WRIT PETITION WITHoUT COSTS .f ,"\\. I I i I