Banda Mallaiah v. 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 issue a writ, order or direction more particularly one in the nature of wRlT oF tvANDAIUUS, declaring the action of the 2nd Respondent seizing the borewell of the petitioner dated 11-07-2025 in Sy.No.2, 57-62 and 98 to a total extent of Ac.05-28 % Guntas situated at Anajipur Village, Mothkur Mandal, yadadri Bhuvangiri District, Tetangana State without passing any orders under WALTA Act 2OO2 and without following the due process of law as per the Act, is illegal, arbitrary and violative principles of natural justice and consequently direct the 2nd Respondent to release the seizure of the borewell of the petitioner in Sy.No.2, 57-62 and 98 to a total extent of Ac.05-28 % Guntas situated at Anajipur Village, Mothkur Mandal, Yadadri Bhuvangiri District, Telangan? State' lA NO:1 OF 2025 Petition under Section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the 2nd Respondent to rerease the seizure of the borewefl of the petitioner in sy No 2, 57-62 and 98 to a totar extent of Ac.05-28 % Guntas situated at Anajipur Virrage, rVrothkur lvlandar, yadadri Bhuvangiri District, Telangana state pending disposal of the writ petition. Counsel for the petitioner: SRI R.A.CHARy counsel for the Respondent No.1 & 2: sRr L.RAVTNDER, AGp FoR REVENUE Counsel for the Respondent No.3: Ms. K.ANNApURNA REDDY The Court made the following: ORDER /+- , !', I r l l I I HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITI ON No.20775 oF 2025 ORAL ORDER: Heard Mr. R.A. Chary, leamed counsel for the petitioner' Ms' K. Annapuma Reddy, learned counsel for respbndent No'3 and Mr' L' Ravinder, learned Assistant Govemment Pleader for Revenue appearing on behalf of respondent Nos' 1 and 2'

2. According to the petitioner, he is the absolute owner and possessor of the tand admeasuring Acs'5 '28% guntas in Survey Nos'2' 57 to 62 and 98, situated at Anaj ipur Vittage, Mothkur Mandal' Yadadri - Bhuvanagiri District. He is in possession of the said property. There is only one bore-well in the said land' Even then' respondent No.2 has issued notice dated 22'05 '2025 on the cornplaint given by respondent No.3 stating that the petitioner dug bore-well in Survey Nos.53 and' 97 of the said village, which is very near to the land belongs to respondent No.3 and the same is in violation of the Telangana Water, Land and Trees Act,2002' Seven (07) days time was granted to the petitioner to submit explanation' He has submitted explanation on 03.06.2025 through his counsel' Without considering the same and without affording an opportunity to the petitioner' 2 KI.J W.P. No.20775 of2025 t .:li respondent No.2 has closed the bore-well on ll.O7.ZO25. Chaflenging the said action of respondent No.2, the petitioner filed the present writ petltron.

3. Whereas, Ieamed Assistant Government pleader for Revenue has placed written instructions of respondent No.2, u,herein it is stated that respondent No.2 has considered the said explanation submitted bv the petitioner and passed orders on lO.O7 .2025. The Mandal Addirional Girdawar has seized the bore-well on 1l .07 .2025. Thereafter, they got doubt on the location ofnew bore_q.ell dug by the petitioner. \\/hen the Mandal Additional Girdawar has verified the location of the new bore-well with reference to revenue records and the ground status of new bore-well, he came to know that the petitioner laid the new bore-well in his land in Survey No.57, but not as reported by him earlier in Survey Nos.53 and 9j, situated at Arajipur Village. Mothkur Mandal. Therefore, on receipt of the said report from Mandal Additional Girdawar, respondent No.2 has issued fresh notice dated 17 .07 .2025 for taking further action. However, he will take action strictty in accordance with law. The said written instructions are placed on record. \ /. 3 KL,J W.P. No.20775 of2025

4. Thus, without ascertaining the facts including ground report' respondent No.2 has passed the order dated 10'07 '2025 and seized the bore-well of the petitione r on 11.0'1 '2025 ' Therefore' the said action of respondent No.2 is arbitrary and unjustified'

5. In view of the aforesaid discussion, the said order dated rc.A7.2025 is set aside. Respondent No'2 shall unseal the new bore- well forthwith. Respondent No 2 shall serve copy of notice dated

17.07.2025on the petitioner granting him ten (10) days time to submit explanation. On receipt of such notice, the petitioner shall subrnit explanation along with relevant documents and respondent No 2 shall consider the same and pass appropriate orders in accordance with law by puttirrg the petitioner and respondent No'3 on notice and affording them an opportunity. Liberty is also granted to the petitioner and respondent No.3 to raise all the grounds and contentions which thcy have raised in the present writ petition before respondent No'2 and it is for respondent No.2 to consider the same'

6. This writ petition is accordingly allowed' In the circumstances of the case, there shall be no order as to costs' I ; 4 KL,J w.P. No.20775 of2025 i:li As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition shall stand closed. //TRUE COPY// K.BHAVANI SWAMY TANT REGISTRAR S SECTION OFFICER The Princip al Secretary. Revenue I elangana State. Departmen ecretariat, Hyderabad, vuia,age and Mandal, yadadri Bhuvangiri 5[?,.1?:fl1.j#; S",,Jn,,. One CC to SRt R.A.CHARy, Advocate tOpUCl One CC to tVs. K.ANNAPURNA REDDY, Advocate tOpUCl Iffi":r::"1?.fr?lFoR REVENUE, High court ror the state or retangana at Two CD Copies ,& To, 1

2. J.

4. BSR TKS HIGH COURT DATED:1810712025 -":-:'-'-:= ,.:' ., .l.tt a : /..:: .i .- '..... '....rr, \- 2 4 sEP 2Ut ;. I ,L.>,; ...,], 7 ORDER WP.No.20775 of 2025 ALLOWING THE WRIT PETITION, WITHOUT COSTS ,{ o