High Court · 2025

Judgment

1. 2 The State of Telanoana. represented.by its principle Secretary, Revenue Department, Telangaina Secretariat, tiyOeiaOiO. The District Collector, Nirmal, District Nirmal. " "'"' ...PETITIONERS

3. The chief commissioner of Land Administration, State of Telangana, Nampally station road, Abids, Hyderabad.

4. The Revenue Drvisional Officer, Nirmal, District Nirmal' 5. The Tahsildar, Nirmal, (Rural), District Nirmal. 6. The Assistant Director, Survey and Land Records, Nirmal, District Nirmal. 7' The Superintending Engineer, lrrigation l& C.A'D.D, Nirmal, District Nirmal' 8. Town Municipality, Nirmal, rep by its Commissioner, District Nirmal' ...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 pass an order, or orders, direction or issue a writ more particularly one in the nature of writ of [r/andamus (i) declaring the action of respondents in encroaching the residential plots of the petitioners herein bear,ng Nos. 29, 30, 33, 02,6and7,35,34,51.35/1,48.49,16/l,situatedinSyNc''1370,1371,1372' 1373 of Venkatapur village, Revenue Mandal Nirmal, Distriot Nirmal, presently under the territorial limits of Municipality Nirmal and extensively damaging the said plots by digging trench and erecting cement poles, in order to create the new boundary to the Kasar Tank is illegal, arbitrary, violative of Article 14, 21, 300-A of the constitution of lndia, (ii) Direct the respondents herein tc give the peaceful possession of the sard plots to the petitioners by removing the cement poles (iii) Direct the respondents herein to pay the compensation of Rs.10,00,0001 to the each petitioner for the said encroachment and causing extensive damage to the plots of petitioners. lA NO: 1 OF 2022 Petition under 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 herein to give peacelul possession of the residential plots of the petitioners herein bearing Nos. 29, 30, 33, 02, 6 and 7, 35, 34, 51, 351 1, 48, 49, 16t 1, situated in Sy.No. 1 370, 137 1, 1372' 1373 of Venkatapur village, Revenue lMandal Nirmal, District Nirmal, presently under the territorial limits of IVlunicipality Nirmal by removing the cement poles which were illegally encroached by the respondents by creating a new boundary to Kasar Tank, pending disposal of main W.p. in the lnterest of Justice Counsel for the petitioner : SRI S.CHANDRASEKHAR Counsel for the Respondents No.1to6: ASST. Gp FOR REVENUE Counsel for the Respondents No.7 : AGp FOR IRRIGATION The Court made the following: ORDER -/a THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PEf,ITION No.2 9464 of 2o22 ORDER: This writ petition is filed with the following prayer: "to issue a Mandamus fi.l '"' ttnt, more particulartg in the nature of Wnt of d.eclarinq the action of respondents in encroaching the ,itia,rniiot plots of the petitioners herein beaing Nos'29' 3o' ss, 02, 6 & z, ss, s4: sl, ss/1, 48, 49, 16/:, situated in Suruey Nos.1370, 1371, 1372, 1373 of Venkatapur Village' Ninruil Reuenue Mandal, Nirmat Distict, presentlg under the territonrs,l timits of Nirmal Municipolitg ond extensiuety domaging tlrc said plots bg digging trench and erecting ""meit iotes, in order to create the neut boundary to the Kasar'liank is ittegal, arbitrary, uiolatiue of Articles 14' 21 and llOO-A of the Constitrttion of India, (ir) direct the respondents hereln to giue the peaceJi-rl possession of the soid plots to the petitioners by remoutng the cement Po[es, (iir) direct the respond.ents herein to paA compensotion of j to each petitioner for the said encroachment Rs.1O,0O'0OO/ and causing ertensioe damage to the ptots of petitioners heretn, (iu) and to pass ang such- other order / orders as this Court matl deent fit and- proper in the ciratm'stances of the case'

2.Heardiearnedcounselforthepetitioners,learnedAssistalt Government Pleader for Revenue appea-ring for respondent Nos'1 to 6 and learned Assistant Government Pleader for Irrigation appearing for resPondent No.7.

3.Learnedcounselforthepetitioners\rouldsubmitthatthe petitioners are the bonafide purchasers of plot Nos'29 ' 30' 33' 02, 6 arrd 7,35,34,51,35/L,48,49, 16/1 situated in Survey . 2 Nos.i370, 1371, 1322 and 1373 of Venkatapur Village, Nirmal Revenue Mandal, Nirmal District. The said plots were formed as a layout pursuant to the permission granted by Gram panchayat, Venkatapur, on payment of legal consideration. As such, the petitioners are in peaceful possession and enjoyment of the subject plots. Learned counsel would contend that the grievance of the petitioners arises on account of the action of the respondents in conducting survey operations in Survey Nos.1370, 137I, 1322, 1373 to fix the boundaries of the Kasra Tank, which falis within the limits of Nirmal District. 4 . It is further submitted that the petitioners have been in possession of their respective plots for nearly 35 years under the said layout permission granted by the Gram panchayat, Venkatapur. For regulari zation of their plots, the petitioners have also taken necessar5z steps and rely upon mutation proceedings issued by the Tahsildar in Survey No.1372, dated 18.02.2005, in favour of Samunderpally pothanna and Samunderpally Rajanna through their GpA holder, Mr. Prabhakar. The petitioners had eariier made an application dated 01 . 10 .2O2O to the Assistant Director, Survey and Land Records, Nirmat District, by paying the requisite fee, requesting survey of their plots. However, no action was taken on their application. Instead, the sait-! lalds were surveyed in their ='4 ...-::rit..:1i, 3 absence and boundaries were fixed with reference to the Kasra Tank. The petitioners also contend that their applications for regularization are still pending before the Government' Learned counsel further points to a communication uide Lr.No.F3/30712021 addressed by respondent No'2 to the Municipal Commissioner, Nirmal, highlightir-rg the iliegal interference by the Assistant Director, Survey &' Land Records' and requesting necessary action.

5. On the other hand, learned Assistant Government Pleader for Irrigation strongly contended that the subject lands fal1 $'ithin the Full Tank Level (FTL) limits of Kasra Tank Accordingly, a SurveywasconductedbyrespondentNo.Twiththeassistantof respondent No.6, and boundaries were fixed to protect the FTL area. It is submitted that fencing is yet to be undertaken' It is their case that lands falling within the water body and FTL cannot be claimed as residential plots, and any applications for regularization do not confer such rights. It is further contended that habitations within FTL are unsaJe and impermissible'

6. Learned Assistant Government Pleader for Revenue adopted the submissions made by learned Assistant Gol'ernment Pleader for Irrigation I '.i . 4 7 . Having considered the submissions of both sides, this Court, without going into the merits of the re spective claims, is of the view that since the petitioners, application dated OI.lO.2O2O has been accepted, the same requires consideration on merits. Accordingly, it is directed that while conducting survey operations, the respondent No.6 shall cause prior notice to all concerned, including the petitioners, the respondents and other adjacent land owners, ald carry out the survey _in accordance with law. The respondents a-re further directed to maintain the Full Tank Level (FTL) boundaries, along with the adjoining buffer zone, in the interest of public safety. They shall also take necessaq/ steps to protect the lake by removing illegat encroachments, strictly in accordance with due process and as contemplated under the law. This entire exercise sha1l be completed as expeditiously as possible, preferably within a period of six months from the date of this order. It is however, made ciear that the FTL boundaries, as the buffer zone thereto, being vital for public safety, sharl not be disturbed under any crrcumstances.

8. With the above directions, the writ petition is disposed of, directing the authorities concerned to complete the exercise expeditiously, strictly in accordalce with law. No order as to costs. 5 Asa sequel thereto, miscelianeous applications, if any I I 1 I I pending, sha-ll stand closed. //TRUE COPY// SD/.M. OSMAN ALI BAIG ASSISTANT REGISTRAR ,. /Q- SECTION OFFICER I { To,

1. The Principal Secretary, Revenue Department' Telangana Secretariat' State of Telangana. llYderabad

2. The District Collector, Nirmal, District Nirmal' 3. The Chief Commissioner of Land Administration' State ol Telangana' - Nampally station road, Abids, Hyderabad'

4. The Revenue l)ivisional Officer, Nirmal, District Nirmal' 5. The Tahsildar, Nirmal' (Rural), District Nirmal' 6. The Assistant Director, Survey and Land Records' Nirmal' District Nirmal' 7. The Superintending Engineer, lrrigation l and C A D D; Nirmal' District Nirmal 8. The Commissioner, Town Municipality, Nirmal, District Nlrmal' 9. One CC to SRI S.CHANDRASEKHAR, Advocate lOPUCl 10.Two CCs to GP FOR REVENUE, High Court for the State of Telangana' [ouT]

11.Two CCs to GP FOR IRRIGATION, High court for the state of Telangana at Hyderabad [OUT] 1 2. Two CD CoPir:s. BSK LS I i t l i i I ! I i i I I g i I ! : HIGH COURT DATED:0410912025 I .)\..,\i :t ,l 2 5 SEP 2025 ORDER WP.No.29464 ot 2022 DISPOSING OF THE WRIT PETITION WITHOUT COSTS