High Court · 2025

The Deputy Commissioner of Police, Ramagundam Police Commissionerate, Police Head Quarters, Godavarikhani -505215. Sri, B. Vishnu Prasad, Executive Engineer, land CADD, lrrigation Division No.2, Chennur, Mancherial - 504266 Ch. Venkata Swamy, Dy. Executive Engineer, Irrigation Sub-Division No.1, Kotapally, Mancherial District - 504266 The Station House Officer, Police Station, Neelwai, Mancherial - 504214. ...RESPONDENTS 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 a Writ order or direction more one in the nature of Writ of It/landamus declaring that the action of Respondent Nos. 5 and 6 in issuing the notice alleging unauthorized construction of a check dam in the gorge portion of the Nilwai Project downstream, vide Ref. No. EE/lD/CHNR/DB/Nilwai/104/M _-------- dated 2710312025, adjacent to petitioner agricultural land is situated at ltllamada Village, VemanpallelVd 1., lt/ancherial District in Survey No.29 admeasuring Ac.

3.0000 gts., and bounded by East. Land of Nashakha Suresh, S/o. Buchiah West Nilwai Medium irrigation project North Land of NikadiMadhunayya South Land of Venagantilaxman Reddy is wholly illegal, arbitrary, and wtthout jurisdiction and consequential lodging of a complaint with the Police Station, vide Ref. No. DEE/ISD No.'1lKotapally/Nilwai/291 daled 2610312025 which was forwarded by Respondent No. 7 to Respondent No. B, resulting in the registration of an FIR No. 25t2025 dt. 2BlO3t2O25 is also illegal, uibitrrry, malafide, motivated by political vendetta and violative of the Petitioners fundamental and constitutional rights guaranteed by the Constitution of India and set aside the same and consequently direct the respondents not to interfere /demolish the protection wall made adjacent to the petitioner land stated supra. lA NO: 1 OF 2025 Petition under Section 4 51 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 Ref. No. EE/lD/CHNR/DB/Nilwai/104/lVl daled 2710312025, fot unauthorized construction of a check dam in the gorge portion of the Nilwai Project downstream adjacent to petitioner agricultural land is situated at Mamada Village, VemanpallelVldl., Mancherial District in Survey No.29 admeasuring Ac. 3.0000 gts., and bounded by East. Land of Nashakha Suresh, S/o. Buchiah West Nilwai Medium irrigation project North Land of NikadiMadhunayya South Land of Venagantilaxman Reddy consequential complaint with lhe police station, vide FIR No.2512025 dt.

28.03.2025 on the file of the Bth respondent pending disposal of the writ petition. Counsel for the Petitioner: SRI AMARENDRA GANDHI Counsel for the Respondent No.1 to 3: GP FOR lRRl AND COMM AREA DEV Counsel forthe Respondent No.4: GP FOR REVENUE Counsel for the Respondent No.S & 8: GP FOR HOME The Court made the following: ORDER THE HON'BLESRI JUSTICE C.V.BHA SKAR REDDY WRIT PETITI ON No.1498I of2O25 ORDER: This writ petition is filed seeking to declare the action of respondent Nos.S and 6 irr issuing the notice vide ReLNo.Etr/IDlCHNR/DB/Nitwai/ fia/M dared 27.O3.2025, alleging "unauthorised constflrction of a check dam in thc gorge portion of the Nilwai project Downstream,, adjacent to the petitioner's agricultural land situated at Mamada Viflage, Vemanpalle Maldal, Mi'ncherial District, in Survey No.29, admcasuring Acs.3.OO, as illegal ar:d arbitraty and for other appropriate reliefs. The petitioner claims to be the absolute owner and possessor of agricultural land admeasuring Acs.3.0O situated in Survey No.29 at Mamada Village, Vemanpalle Mandal, Mancherial District, having acquired the same by way of succession. It is stated that out of the said land, an extent of Ac.1.002 guntas has already been acquired by the State Government in connection \lrith Nilwai Medium Irrigation project initiated in the year 2OO5 and compensation has been paid for thc said land. It is further stated that apart from that, arr additional extent of Ac.l.O2 guntas in the remaining land has l 2 also been utiliscd for thc purposc of dumping and filling of - project related waste and as such, in order to prevent soil erosion and protect the stability of the remaining agricultural land, lhe petitioner constrtlcted small protective barrier, mcasuring approximately 1.5 fcct in hcight ancl 25 mcters in length, rvh;.ch lies within th: dorvnstream portion, rvithout causing any obstruction to any nat,-tral watercourse or public project. The grievance o[ the petitioner is that clespite the sarne, respondent No.6 i.e, Executive Engincer, I & CADD, Irrigation Division No.2, Chennttr, lVlancherial, under the influence of cerlain political persons, issued the impugned notice dated

27.O3.2025 alleging unauthorised construction of "cl-reck dani' in the gorge portion of the Nilwai Medium Irrigation Project and directing to remove the same, withotlt condllcting any proper survcy. Learned counsel for the petitioner vehernently contends that as per the provisions o[ the Telangana Irrigation Act, 1357 False, pattrdars (landorvners) are entitled to constnlct small tanks or ponds on thcir land for irrigation purposes tvith prior sanction o{ the competent authority; since thc extent in occupation of the petitioner is below Acs.3.00, no such per;rLission is required lot constrr'tction of sltch snrall pond/ ./ '/ -) tank to cultivate the petitioner's patta land, as thc said construction is only a irrigation source for the petitioner; and as such the impugned notice issued by respondent No.6, without conducting proper survey, cannot be sustained in law. Learned Assistant Government Plbader for Irrigation and Command Area Development appearing for respondent Nos. 1 to 3 submits that the petitioner has unauthorisedly constructed a check dam in the Gorge portion of Nilwai Project which is about 120 M from D/s of the EartJ'rern Bund and which dircctly affects the safety of the Earthern Bund; there is no suflicient water in the Nilwai Project (old river course) a:rd moreover the petitioner is obstructing free follow of water and also causing damage to the irrigation source; as the said act of the petitioner consti[u[es severe offence under the provisions of the Dam Safety Act, 2O2i, respondent No.6, by duly following the procedurc prescribed under the said Act, has rightll, issued the impugned notice directing the petitioner to remove the said unauthorisedly constructed check dam. Since it is the specific case of the respondents that the \ ( petitioner has unauthorisedly constructed a check dam causing obstruction to thc free flow of water arrd safety of Earthern Bund of Nilwai Project and same amounts to violation of the I t \ .+ provisions of the provisions of Dam Safety Act' 202 1' this Court without expressing any opinion on the merits of the matter' deems it appropriate Lo dispose of the rvrit petition by permitting the petitioner lo submit explanation to the saici notice and on such submrssion of explanation, the rcspondcnts shzrll consider the same ancl pass appropriate reasoned order' It is made clear that il it is found that the construction made b,v the petitioner obstrllcts free flow o[ rvater ancl it is endangering the earthen bund safety of thc Nihvai Projcct, the respondents shall take appropriate action slrictly in accordance with law' The writ petition is accordingly disposed of' Pending miscellaneous applications, if any, shali stancl closed. Thr:re shall be no order as to costs. //TRUE COPY// SD/.S. MALLIKARJUNA RAO AF SI:TANT REGISTRAR SECTION OFFICER To, '1 . The Principal Secretary, lrrigation and CAD Department, Secretariat, Hyderabad, State of Telangana - 500022.

2. The Engineer-in-Chief (lrrigation), Deputy .Chief_ElgLneer I and CAD Dept, Jalasoudha Building, Errum Manzil, Hyderabad - 500082. I

3. The Superintending Engineer, land CAD Dept, Jalasoudha Building, Errum Manzil, Hyderabad - 500082.

4. The District Collector, Mancherial District, Telangana State - 504208. 5. The Deputy Commissioner of Police, Ramagundam Police Commissionerate, Police Head Quarters, Godavarikhani -505215. -t

6.TheStatlonHouseOfficer,PoliceStation,Neelwai,Mancherial-504214' 7. One CC to SRI AIVIARENDRA GANDHI, Advocate [OPUC] 8.TwoCCstoGPFoRlRRlANDCoMMAREADEV,HighCourtfortheState of Telangana at HYderabad [OUT]

9. Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad [OUT]

10.TwoCCstoGPFoRREVENUE,HighCourtfortheStateofTelanganaat Hyderabad [OUT] 1 1 . Two CD CoPies BSR LS i:i HIGH COURT DATED:17t}6t2}2s I I I ORDER WP.No.14981 of 2O2S E!11 r i:.oY ( -) .).; ,),. .\ \ UA40 !E c?5 s ,.:., I I DISPOSING OF THE WRIT PETITION, WTHOUT COSTS E( \\ -t