Boyenepally SriJayavardhan v. The State of_Telangana

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropiiate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents, in not conducting the survey and demarcating of the actual Full Tank Level (FTL) and buffer zone limits of the subject property belonging to the petitioner i.e., the land admeasuring Ac.3-39 guntas, situated in Sy.No.207l1 and 20712 (T.S.No.4/1 and 412) of Khairlhabad village, bearing Municipal No.5-4-20015 and 5-4-203, situated on the circular Ring Road, adjacent to Hussain Sagar Tank, Secunderabad, and in not issuing a sitr: specific certificate or clarification as to whether the subject land falls within the FTL or buffer zone, as per the sanctioned records and notifications, as illegal, arbitrary, violative principles of natural justice, as well as violation of fundamental rights guaranteed under the Constitution of lndia and consequently direct the respondents to conduct the survey and to demarcate the actual Full Tank L.evel (FTL) and buffer zone limits of the subject property forthwith. tA NO: 1 OF 2025 Petition underr 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 direct the respondents to conduct survey and to demarcate the actual Full Tank Level (FTL) and b uffer zone limits of the subject property, belonging to the petitioner i.e., land admeasuring Ac.3-39 guntas, situated in Sy.No.207l1 and 2O7t2 (T.S.No.4/1 and 412) of Khairthabad village, bearing lvlunicipal No.5-4-200l5 and 5-4-203, situated on the circular Ring Road, adjacent to Hussain Sagar Tank, Secunderabad, pending disposal of the main writ petition. Counsel for the Petitioner: SRI MAHESH MAMINDLA Counsel for the Respondent Nos.1, 3 & 4: GP FOR IRRIGATION Counsel for the Respondent Nos.2, 5 & 6: SRI L.RAVINDER,t AGP FOR REVENUE The Court made the following: ORDER HON'BLE SRI JUSTICE C.V. BHASKAR REDDY ORDER WRIT PETITION No.18O22 of 2o25 This Writ Petition is hled praying this Court to declare the action of the respondents in not conducting the survey and demarcating of the actual Full Tank Level (FTL) and buffer zone iimits of the 'subject property' belonging to the petitioner i.e., the land admeasuring Acs.3.39 guntas in Sy.Nos.2OT ll and 2O7 l2 (T.S.No.a/ I and 4/21 of Kairatabad Village, bearing Municipal Door Nos.5-4-2OO/5 and 5-4-203, situated near circular Ring Road, adjacent to Hussain Sagar Tank, Secunderabad, and in not issuing a pite specihc certificate or clarihcation as to whether the subject land falls within the FTL or buffer zone, as per the sanctioned records and notifications, as illegal and arbitrary. \

2. It is stated that the petitioner is the owner and polsessor of the land admeasuring Acs.3.39 guntas in Sy.Nos.2O7 ll and 2O7 /2 (T.S.No.a/ I and 412 of Kairatabad Village) bearing Municipal Door Nos.S 4-2OO/5 and 5-4-203, situated near circular Ring Road, adjacent to Hussain Sagar Tank, Secunderabad. It is further stated that for documentation purpose and to ensure accurate boundary delineation, the petitioner submitted representations d,ated 77.04.2025 and O7.O5.2O25 before the respondents, and acting on the said representations, respondent No.4 issued a letter 2 dated 26.1)5.2O25 to respondent No.S directing to conduct joint inspection over the subject property. The grievance of the petitioner is that despite Lhe directions of respondent No.4 to conduct joint inspcction over the subject property, no action has been taken by respondent No.5 till date.

3. Considered [he submissions of the learned counsel for the petitioner; Sri L. Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 6, and with their consent, this writ petition is being disposed of at the admission stage.

4. In vieu. of the above, this Court is of the opinion that ends of justice would be met if rhe respondent No.5.is directed to conduct joint inspt:ction over the subject property rn terms of the letter dated 26.Ct5.2025 addressed by respondent No.3. t If the petitioner has not fulfilled all the requirements mentioned in the circulars issued by the Commissioner, Survey, Settlements and Land Records, uide Rc.No.Nl/6543/99, dated 25.O7.2OO7, Rc.No.N1/ l4OBl 07, dated 13.07.2007, and Rc.No.N2/ l74l l2OlO, dated 18.C)5.2010, the respondents shall pass a reasoned order in accordanc,: with law and communicate the same to the petitioner, within a pr:riod of four (04) weeks from the date of receipt of a copy of this order. ) 5 With the above observations, this Writ Petition is disposed of There shall be no order as to costs' 6 As a sequel, the miscellaneous pedifulnding, il any' shall stand closed //TRUE COPY// SD/. A. JAYASREE SSTSTANT R SECTION OFFICER lrrigation and CA bad, State of Telangana. Department, Secretariat Revenue Department' Secretariat Buildings' To,

1. The PrinciPal Secretary, Buildings, Saifabad, HYdera 2. The PrinciPal Secretary, Saifabad, HYderabad. ,1 The Chief Engineer, lrrigation and Command Area D-evelo^prnent Department' irii*rOf', e"rilding, Eriamanzil Colony, Hyderabad-500082'

4. The Deputy Executive Enqineer, Sub Division No' ll, Hussain Sagar LaLe ' Di;i.i";: t;iigztion ano cxb-orjpirtnent, Budha Bhavan, 1st Floor, [t/.G. RoacL Secunderabad-500003.

5. The Tahsildar, Khairatabad Mandal, Hyderabad District-500004' 6. The Tahsildar, Secunderabad Mandal, Hyderabad Districh 7. One CC to SRI MAHESH MAMINDLA, Advocate TOPUCI E.TwoCCstoGPFoRREVENUE,HighCourtfortheStateofTelanganaat Hyderabad [OUTI g.TwoCCstoGPFoRlRRlGATloN,HighCourtfortheStateofTelanganaat Hyderabad [OUT]

10.Two CD CoPies BSR PVL W HIGH COURT DATED:2610612025 ORDER WP.No.18022 of 2025 ) / /,'1, //-r' /-' lri' \', :'" '. I:..:, .'i-1 -.:' 16 Cg SP b.tC * Y-t l I DISPOSING OF THE WRIT PETITION, WITHOUT COSTS 1