✦ High Court of India · 03 Jul 2025

1. NI. Aroitha. Wo. M. Venkat Reddv v. Buildino. Hvderabad-500022

Case Details High Court of India · 03 Jul 2025
Court
High Court of India
Decided
03 Jul 2025
Bench
Not available
Length
1,433 words

Srinivasa Nagar, Ameerpet, Hyderabad, Telangana 500082 tXVOnAAj rep. by its Common Budha Bhavan Tank Bund, Hyderabad ...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 particularly one in nature of writ Mandamus directing the respondents to carry out appropriate corrections in respect of lands'in Sy. No.67,68' 69,70, 71,72,73, 1O1lND,71lN6'73A15' 101/tuD, 13, 57 t3t2, 57 1311, s1tg, 58t1 1, 61112, 61 18, 101 lclllAA, 1011c13, of Yadgarpalle west, keesara Mandal, Medchal-Malkajgiri District by deleting the such lands from the ambit of FTL and buffer zone with consequential directions against the respondents to inform the petitioners about such steps taken for rectificationsi corrections in the revenue records lA NO: 1 OF 2025 Petition under Section 151 cpc praying that in the :ri cumstances stated in the affidavit filed in support of the petition, the High corrrl may be pleased to direct the respondents not to initiate any action against the. retitioner,s lands in survey numbers 67, 68, 69, 70,71, 72,73, 1O1lAlD,71tAl(; .3A15, 101lAlD, 13, 571312' 571311, 5B/9, 58/1 1, 61r12, 61t8, 1o1tct1lAA, 10 tr( t3, of yadgarpaile west, keesara Mandal, Medchal-Malkajgiri District under the 1 uise of such illegal reference as FTL or buffer zone and to pass necessary ordr:r;. pending disposal of the above writ petition Counsel for the Petitioner: SRI. ERANKI PHANI KUMAR counsel for the Respondent No.1 : Gp FoR lRRlcATloN AND coMMERCIAL AREA DEVELOPMET.II Counsel for the Respondent Nos.2to3: Gp FOR REVENUE Counsel for the Respondent No.4: SRt V. NARSIMHA GOUf), SC The Court made the following: ORDER THE HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.18897 of 2o25 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking for follou'ing relief "....fo issue a Wit of Mandamus drrectirrg the resPorldetLts to canA out appropiote cofiections tn respect of Lands in Sg.Nos.67, 68, 69, 70, 71, 72, 73. 101/A/ D. 7l/A/6, 73A/ 5, 1O1/A/D, 13, 57/ 3/ 2, 57/ 3/ 1, 58/ 9, s8/11.6t/t2,6t/8, 101/C/ 1/AA, 101/C/3, of Yactgaryatle We.sl, keesara Mandal, Medchal Molkapti DLSlict bu deletirrcl suclt lands from the ambit of FTL and buffer zone t.uillt corrsequenlial directions allainst the respondetlts lo utfonn llu' pelilioners about such steps fGy'.erl for redtlicQLtotLsl cor-,1'( lrotr-s i,l fhe reuenue records...."

2. Considered the submissions of the learned counsel for the petitioners and learned Assis[ant Government Pleader for Revenue appearing for the rcspondents and with their consent this writ petition 1S being disposed of at the admission stage.

3. It is stated that the petitioners are the absolute owners and possessors of the agricultural lands admeasuring Ac.03- 13 gts, Ac.6-OO gts, Ac.2-34 gts and Ac.4-OO gts respectively, in total Ac. I 1-055 gts, situated in Yadgarpalle West, Keesara Mandal, Medchal- Malkajgiri District, having 2 CVBR, ] \ / P.t']o.18897 of 2025 'icre acquired the same under registered sale deerrs docume,t Nos.9637l2006 dt.29-O6_2OO6. 9636/2Oo(, .1t.29_06 2006. 9tt3B/2OO6 d1.29-O6-2OO6 and they were rso rssucd rhe digitalized 1;ass books. It is further stated t - r I in the vrllagc map of Yarlgarpalle west, Keesara Mandar, l redchal Taruk. present Merl<:hal-Markajgiri District, an exte. l of Ac. 1.oo in SLrr'\,e]. No.7.1 u,as recorded as Government lan , rr I,.unta. u hilc the lands of the petitioners \vere shown as pa1 t,r larrcls ancl nt>t covered by any water bodies or Kunta and thi ; i; evidencerl lx the land Lrs€. information given by HM I ) \ r.icle lerrcr No 0458o2/l.u/PS/HMDA lo1os2o21 Dt. r9.or; : 02 l, sho*.irg the lands in tl-re subject survev numbers co,..,; t.d b-r. Spccial De'elopment Zctne (SDZI and multipurpose use ;;r,ne situated irr Yadgarpalle West, Keesara Mandal, Medchal Nz cl <a.jgiri District as issued in lhvour of Sree Green Cover Inclr pvr Ltd. lr is further stated that their lands being patta lar r_- s, u.ere nerrer shou.n w,ithin the FTL or buffer zone and paron h rrnta exists to the north of thcse iands as covered by FTL with l) rlfer zone of c) mts from FTl, Iine certified by the Tahsildar, Iir.r.sara Manclal. Na.f ib Tahasilrlar Keesara Mandal and the M :r,r lal Surver or, Keesara Mandal, but despite the same, r.r,-ithc, r issuing anr 3 CVBR, J W.P.No.18897 of 202 5 notice to them, being the pattadars of lands, covered by Sy. Nos.64-66 , 6a 73 & 1 0 1 , their lands u,ere rel'erred as FTL lands besides showing them under buffer zone, which is contrary to the village map and previous HMDA map. It is further stated that the Irrigation Department maintains a list of kuntas covered by various survey numbers of each village and their lands were never covered by any kuntas as per lhe list and horvever, ignoring the said fact and contrarv to records, identifl,ing their patta lands as FTL or buffer zone is illegal and arbitrary. lt is further stated that the petitioners got issued a detailed legal notice dt.Og-lO-2O24 to the respondents to carry out appropriate corrections in respect of their lands in Sy.Nos.64 to 66, 68-73 of Yadgarpalle West, Keesara Mandal, Medchal-Melkajgiri District and to delete the same as coverecl by FTL or buffer zone under intimation to the petitioners. Though the respondents received the legal notice, thev neither replied to the said notice nor carried out the corrections. Hence, the u,rit petition.

4. Learned Assistant Government Pleader for Irrigation, placing reliance on the instructions of the Assistant Engineer, Irrigation, submits that the lands claimed by the petitioners are 4 CVBR,.J V.P No.18897 of 2025 forming palt of the FTL/ Buffe r Zone ancr as ..r rch. there rs no illegalit-1 on the part of the responden ts.

5. It is seen from the record that the peti : rers purchasr:cl the subject lar-rds uncler registered sale deeds a rd thci-ames arc reflectecl in the revenue records. The peti ,.l ters clarm th:rt the lands are patta lands, whereas the respond(,r ts contencl that thev form part of thc FTL/Buffer zone of par rri Kunta. .fl,ris dispr-rte reqr,rires cleterminatron b.v the coml. (,r _,'t arrthorir lcs through joint survey and cit marcation.

6. Accordingly, this Writ petition is dispose ri of by directing the respondcnts to conduct a joint survey of tltr sub-iec1 lancls with thc participation of Revenue Departr:r, .nt, Irrigatior_r Department, FIMDA, HyDRAA, and the petitionr,:.s If, upon such surve\,, it is lbund that an-y portion of the petiti:n:rs. lands lalls u.itl-rin the Fl'L or Buffer Zone of paroni Kunta, L e responde nts shall proceed in accordance with 1aw after issuirrg due notrce to the petitioners. Conversely, if the subject lands zr.e founcl to be patta lands ourtside the FTI_/Buffer Zone, the rr,;1 ondents shall not interfere rvith the possession of the petitione:..,. 5 CVBR, J W.P.No.18897 of 202 5 As a sequel, the mrscellaneous petitrons pending, if any, shali stand closed S['/- A.H.S. GOWRI SHA SSISTANT RE RAR //TRUE COPY// SECTION OFFICER To, 1 The Principal secretary, lrrigation, Government of Telangana, Secretariat 2 3 4 5 6 7 o Buildino. Hvderabad-500022. The Di;iricf Collector. Medchal - Malkajgiri Districl500078 fne iansiiOar, Keesara Mandal, MeOchal - Malkajgiri District- 501301 ii'i" oiii,ii"i.'HrrltoA, Swarna jayanti Complex, Srqqqyq Reddv Nagar Rd' Srinivasa Naoar. Ameerpet, Hydeiabad, Telangana 500082 on" cc to s-Rl. ERANKI PHANI KUMAR, Advocate [OPUC] i*O - -CC. tO GP FOR IRRIGATION AND COMM AREA oEVer-oiHleui ,nigh Court for the State of Telan^g-ana at Hyderabad toUI ONE CC tO SRI. V. i'IRNSIVIIIR GOUD, SC IOPUC] Two CD Copies BM PVL HIGH COURT DATED:0310712025 1ii ii5 ,1, :. ORDER WP.No.18897 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS /t //s fy'2 /25

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