1. K. Narasimhamurthy 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 pass an order or direction or writ in the nature of Mandamus duly declaring the inacJion of the respondents in considering the representation of the petitioners dated 01.03.2025, seeking to conduct survey and fix the boundaries of NALA existing in Survey Number 45 of the Pakabanda Village, Khammam District as illegal, arbitrary and against the principles of natural justice and consequently direct the respondents to consider the representation dated 01 .03.2025 in due weightage to the letter of the 3rd respondent to the 4th respondent dated 11.04.2025, and conduct the survey and fix the boundaries of Lakka Cheru NALI i r Sy No. 45 of the the interest of justir:e Pakabanda Village, Khamrnam District in lA NO: I oF 2025 Petition uncrerr liection 151 cpc praying that in the circumi;tances stated in the affidavit fireri in iupport of the writ petition, the tiigh court rr ay be preased to direct the responce nts to consider the representation dated 01.(r3.2025 in due to the Iet ,-.r of the 3rd respondent to the 4th resp ondent dated , and cond rct the survey and fix the boundaries of Lakki,r cheru NALA 45 of th-' Irakabanda viflage, Khammam District irr t,re interest of weig htage 11 .04 2025 in Sy No. justice. Counsel for the petiti(,ners: SRI P.RAMA SHARANA SHARMA Counsel for the Respc ndent No.1, 2 & S: Gp FOR REVENUE Counsel for the Respcndent No.3: Gp FOR IRRIGATION Counsel for the Resporrdent No.4: SRI P.SRIDHAR RAO, SC FOR MCPL The Court made the fo lowing: ORDER o ORDER: THE HON'B LE SRI JUSTICE C.V,BHASKAR REDDY WRTT PETITION No.13 343 of2O25 This writ petition is filed seeking following relief: "For the reasons stated in the accompanying affidavit, it is humbty prayed that the Honorable Court may be pleased to pass an order or direction or writ in the nature of Mandamus duly declaring the inaction of the respondents in considering the representation of the petitioners dated 01.O3_2025, seeking to conduct survey and hx the boundaries of NALA existing in Survey Number 45 of the pakabanda Village, Khammam District as illegal, arbitrary and against the prrnciples of natural justice and consequently direct the respondents to consider the representation dated o1 03 2025 in due weightage to the letter of the 3-r respondent to the 4d respondent dated ll-o4.2o25, and conduct the survey and rrx the boundaries of Lakka cheru NALA in Sy No 45 0f the pakabanda Village, Khammam Distdct in the interest oI justice and to pass such other a,d further orders as the Honorabre court mav deem fit and proper in the circumstances of the case_" 2' It is stated that the petitioners have lands of smarl extents in Survey Nos.50, 58, 59 ald 60, situated at pakabanda Village, Khammam Urban Area' It is further stated that in the adjoining survey No.45, there is a small Nala with a width of 6 feet and passes through the lands of the petitioners in survey Nos.So, 5g, 59 and 60. It is further stated that the said nala portion is encroached by various rand grabbers and other gu,ible people and the said encroached portion of the nala was used for the purpose of dwelling units. The grievance of the petitioners is that they made a representation dated o 1 .03.2025 to the 2nd respondent with a request to conduct survey and fix the boundaries of Lakka cheruvu Nala existing in Survey No.45, situated at pakabanda Village, Khammam District, but till date no action has been taken by the respondents on the said representation. / / Hence, the present writ petition !rt; A 2 CVBR, J tL.P. Yo.13343 of 2025

3. (]o,,;ir l::red the submissions made by the learr ec counsel for the parties and u,jt : heir consent, this writ petition IS d sposed of at the admission stagt:

4. l-ea r tr cl counsel for the petitioners contendecl thert in spite of the

3.d respondent adr Lressing a letter dated 1 \.O4.2O2S to tl- e 4th respondent, no action has b:r: r raken on the representation dated 0l.O3.tlO25 submitted by the petitione:r s; existing Nala Ln S karned coun se I Il frequently duc tO t: r any healy ra in s i owners. Lealrtr:r1 l,:rr conducting survey and to fix the tror Lndaries of the Lrrvey No.45 of Pakabanda Village, F"han.rmam District. r'ther contended that the shape oF the Nala is changing r::roachments and also due to over flor,r of t,rater in case of rLd causing lot of difficulties to the sur..rounding plot : cunsel further contended that ers pe:. Siection 3(a) of Telangana irrigatror and embankmer ts duty is cast upon Il necessary by regis L.Act, 1357 Fasli, the channels, sub-chanrels, tank beds rrll under the definition of the ,irrigatiorr \^ ork,, therefore , ' rrrigation officials to remove the encroac rments, if it is ,-ring the cases as per Section 49 oI the Telangana Irrigation Act, t35,, t'asli.

5. FrorL [h: perusal of the record, it is seen t]rat lhe l:i.d respondent has addressed a lr:t t:r dated 1 r.o4.2o2s to the 46 respondr:n wherein it is stated that as p€r t Ie report submitted by the Deputr Exe:ur,ive Engineer, Irrigation Sub Divis .n No.2, Khammam dated lo.o4 2025, the maximum discharge from thc. r;urplus of Oora cheruvu of Khanapu.-ar_r is 3683.52 \- CVBR, J W.P.No.13343 of 2025 cusecs (104.30 cumecs), which flows for length of 3'00 kms (approx ) towards Lakkaram Tank and the Lakkaram Tank has been transformed into Mini Tank bund where circumference bund has b<ien formed in the foreshore region duly diverting the inflows or stream course directly towards the Pedda Cheruvu of Dhamsalapuram and the Lakkaram Tank capacity is maintained \ by feeding the discharge with Khammam MajorJI canal from the 21"t M.N.C. canal and the cumulative discharge of oora cherum of Khanapuram and Lakkaran Tank may be deduced for 4ooo cusecs. It is further stated that the flood discharge of 4OO0 cusecs with assumed velocit5r of 1'5 m/sec, bed- fall of 1in 7o0 mts., the stream width to be 21.00 mts and 3.0o mts depth from Oora cheruvu of Khanapuram to Lakkaram tank and 24 OO mts width and 3.50 mts depth from Lakkaram tank towards Pedda Cheruvu of Dhamsalapuram and Munneru River. Therefore, the 3'd respondent requested the 4ft respondent to assign the stream design details to the survey department for demarcating the stream alignment and stream width in various survey numbers of Khammam Urban Mandal'

6. In view of the above submission, since it is the case of the petitioners that the respondents are conferred with the power under the provisions of the Telalgana Land Revenue Act, 1317 Fasli and also under the provisions of Telangana Irrigation Act, 1357 Fasli, the respondents are directed to consider the letter dated 11.04.2O25 addressed by the 3rd respondent-Executive Engineer to the 4th respondent-Commissioner' Municipal Corporation, Khammam and take appropriate steps as J 4 CVBR, J W.P..Yo.13343 of 2025 expeditiouslv a s n r ssible within a period of twelve (1 2) rve ek s from the date of receipt of a c,t-lr of this order.

7. Wrth lre above observations, the Wiit petil ic,n is disposed of There.shall br: r.c r rdcr as to costs. Miscellan:ot :; applications pending, if any, shall star d ;losed To, //TRUE COPYII SD/. L. VIJAYA LAXMI \srsraur REGL9,TBAL--- I SECTION OFFICER

1. The Principal Secretary (Revenue), Sec Telangana. at, Hydr:ra bad, State of

2. The District Oo lector, Khammam District, Khammam. 3. The Executive :ngineer, lrrigation Department, Khammam. 4. The Commissir ner, Khammam Municipal Corporation, Kharnnram. 5. The Tahsildar r:hammam Urban, Khammam District. 6. One CC to lSRl P.RAIUA SHARANA SHARMA, Advocate [OpLrC] 7. One CC to llRl IT SRIDHAR RAO, SC FOR MCPL [OPUCI B. Two CCs to G:' FOR REVENUE, High Court for the State of Telangana at Hyderabad 'OL'-l

9. Two CCs tc r3l, FOR IRRIGATION, High Cou( for the State of Telangana at Hyderabad .()L-f l

10. Two CD Copier BSR W HIGH GOUR-- DATED:29t0t1t2025 ORDER WP.No.13343 of 2025 1}{E :i Tr r : 3 o .\ \ c c iJ3 23 r{AY 2125 t 2 a * o6. s':: ' ^ n.'2t DISPOSING OF THE WRIT PETITION, WTHOUT COI}TS a'11 ?,s i;4