The High Court · 2025

Petition under Section 15'1 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to stay all fu(her proceedings of the impugned Notice No.D/365/2020 Dated. 14_03_ze2z issued by the 4th respondent in respect of petitioners property bearing No 329/1 , 32912 and 329/3 situated at Attapur Viilage, Rajendra Nagar Mandar, Ranga Reddy District, T.S admeasuring 6 acres 10 Gts, T.s., pending disposar of the wrif petition in the interest of justice and equity. lA NO: 1 OF 2024 Between: '1 . Mohd Babar eureshi,, S/o Occ. Business, R/o H No. Late Mohd Arif Qureshi, Aqed about 55 vears 1 8- 1 241 9 I C I 1635, Haf ez B'a ba Na gar, Hiderabad ...pETtTtONEFyRESpONDENT No.6 AND 1 2 .) 4 5 6

7. Smt Shamsfatrma Khan,.W/o. Sri Zahed All Khan Sahab, Aged .68 Occ. House Hord R/o Lake Dite , sl \q , p!, s2sii-, iisi-;;;'lifu nttXii,, Rajendra Nagar Mandal Ranga Reddy, iS. --- ' ' 9ri Zahed Ati Khan Sahab,. S/o. Late Mir Abed Ati Khan Sahab, Aqed . 72 Ysars occ Editor R/o . Lake Date , Si_No , zf.t,3zg)1" ,llis\z #iizSii, Attapur, Rajendra Nagar Mandal nariga'Reday, i S.- "- r*' ...RESPONDENTS/PETITIONERS The state of reranoana rep. by its principar secretary Revenue Deparrment, Secretariat. Saifab;d HyOeraOlO. The District colrector, Ranga Reddy District, Lakdi ka poor , Hyderabad , T.s. The Revenue Divrsionar officer, Rajendra Nagar Mandar and Division, Ranga Reddy District. T S. Hyderabad. The Tahsildar, Rajendra Nagar Mandal, Ranga Reddy District, T.S The Telanqana State Wakt Board, Rep.. by.Chief Executive Officer. Haj Houe Build ing, iazzak Ma nzit Namparry, rf VbeijUad -i5"" ...RESPONDENTS/RESPONDENTS i 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 vacate the pending interim stay daled 2910312022 passed in W.P.No. 'l 5678 of 2024,in the interest of justice. Counsel for the Petitioner : SRI MOHD MUZAFFER ULLAH KHAN Counsel for the Respondents No.1to4 : GP FOR REVENUE Counsef for the Respondents No.S : SRI ABU AKRAM, SC FOR WAKQ Counsel for the Respondents No.6 : SRI M.A.QAVIABBASI W.P.No.30653 OF 2024 Between: Mohammed Azeemuddin Khan, S/o Late Mohammed Nayeemuddin Khan, Age( about 49.years,. Occ Business, R/o Hno.11-3-431, New Mallepally, Sadath Play Ground, Nampally, Hyderabad,. Telangana ,.,PETITIONER AND

1. The State of Telangana, Rep by its Principal Secretary Revenue Department, Secretariat, Hyderabad

2. The Cqmmissioner, The Hyderabad Disaster Response and Assets Monitoring and Protection Hyderabad, (HYDRAA), having office at Budha Bhavan Hyderabad,

3. T[e State gf Telangana, Dept of Munrcipal Administration and Urban Development , Rep by its Principal Secretary, Having office at Secretariat Buildings Hyderabad 4 Ihq State of Telangan3, Depa(ment of lrrigation and C.AD. l. B. Division !V{e1apgO, Rep by its PrinciSial Secretary of lrrigation Department Secretariai Puildings Hyderabad 5 Smt Shams Fatima Khan, Wo Sri Zahed Ali Khan Sahab Aged 68 Occ House Hold R1o Lake Dale , Sy No 293 329t1 32912 and 329/3,"Attapur Rajendrd Nagar Mandal Ranga Reddy T S.

6. Mr Zahed Ali Khan, S/o Late Mir Abed Ali Khan, Aged 72 Years Occ Editor , R/o Lakg Dale Sy No 293 32911 32912, and 329/3 Attapur Rajendra, Nagar Mandal Ranga Reddy T S Petition under Article 226 of lhe Constitution of India 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 gf a ...RESPONDENTS Writ of Mandamus declaring the action on the part of the Respondent No 2 in not considering the representation dt 20.08,2024 made by the petitioner herein for conducting appropriate and in-depth enquiry regarding the illegal and unauthorized construction made by the unofficial respondents herein on the land belongs to FTL /Buffer Zone Land of L/lir Alam Tank in Sy No. 293, 32911,32912,329/3, to an extent of Acres 6 10 gts situated at Pahadi MirMahmood Sahab , Attapur Village, Rajendranagar, lvlandal, Ranga Reddy District , Telangana and thereby to demolish the same as unjust, arbitrary, capricious and also in only violation of principles of natural justice, consequently direction may be given to the Respondents to consider the same at the earliest. lA NO: 'f OF 2024 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 No 2 to consider the petitioner's representations dated 20.08.2024 tq demolish the illegal and unauthorized construction being raised by the unotficial Respondent No. 5 & 6 upon the land belongs to FTL/Buffer Zone in Sy No. 293. 32911, 32912.329/3, to an extent of Ac. 6.10 gts situated at Pahadl Mir Mahmogd Sahab , Attapur Village, Rajendranagar, Mandal, Ranga Reddy District , Telangana pending disposal of the main writ petition. Counsel for the Counsel for the Counsei for the Petitioner: SRI MOHD IMTIYAZUDDIN Respondent No.1 : GP FOR REVENUE Respondents No.2: $RI KATIKA RAVINDER REDDY, Counsel for the pounsq! for the Coqnsel for the SC FOR HYDRAA Respondent No.3 : GP FOR MA & UD Respondent No.4 : GP FOR IRRIGATION & CAD Respondent No.5to6 : -- The Court made the following: COMMON ORDER /, HON'BLE SRI WSTICE C.V.BHASKAR R.EDDY WRIT PETITIO N Nos.1567E of2022 and 30653 of2024 COMMON ORDER: The issue involved in both the writ petitions is intrinsically interconnected and therefore, they are tal<en up and heard together and are being disposed of by this common order.

2. W.P.No. 15678 of 2022 is filed seeking the following relicf: "...to issue d wit most appropriately a Writ of Marulamus declaing the impugned Notice No.D/365/2020, dated 14/03/2022 issued bg respondent No.4 in respect of Petittoners proPeftA beaing Nos-329/ 1, 329/2 and 329/3 situated at Attapur Village, Rajendra Nagar Mandal, Ranga Reddy District, T.S. admeosuing 6 acres 70 gts., qs illegal, uoid, ultra uirus ond uncon stituttonal in the interest of 1ustice...

3. W.P.No.3O653 of 2024 is filed seeking the following relief: '...to issue a Wit, Order or Drection more panticularlg one in the ,toture of a Writ of Mandamus d.eclaing th.e action on the parl oJ the respondent No.2 in not consid.ering tle representation dated 20.08.2024 made bA the petitioner lrcrein for conducting appropiate and in-depth enqtiry regarding the illegal and unauthorized construction made bg the unoJfictal respondents herein on the tand belongs to FTI' / Buffer Zone Land of Mir Alam Tonk in Sy.Nos.293, 329/1, 329/2, 329/3 to an extent of Acres 6.10 @s., situated at Pahndi Mir Mahmood Sahab, Atlapur Village' Rajendranagar Mandal, Ranga Reddg Distict, Telangana and therebg to demolish th.e same as uljust, arbitrary, capicious and also in onlg uiolation of pinciples of naturq.l justice, consequentlg dtrection mag be @uen to tlle respondents to consider the same at the earliest and to pass... "

4. Considered the submissions of learned counsel for the respective parties and perused the record. l L 2

5. For the sake of convenience, W.P.No.15678 of 2022 is taken up as leading case to decide the hls in these two cases.

6. The case of the petitioners in W.P.No. 15678 of 2022 is that they are the owners and possessors of the property to an extent of Ac.6-10 gts in S-r'.No.3296/1, 329 12 and 329/3 situated at Attapur Village, Rajendrangar Mandal, having purchased vide sale deed bearing document No.8213/ 1993 dated 12.08.1993. It is their case that claiming the said property as Waqf property, Writ Petition (Public Interest Litigation) No.286l2O2O was filed on the file of this Court and in pursuance of the orders passed in the said WP (PIL), without identifying the e ncroachments on the waqf land, the respondent No.4-Tahsildar treating the land of the petitioners as Full Tank Level tF-tL) of Miralam Tank has issued the impugned Notice No.D/365/2020 dated 14.O3.2022 under the provisions of the Telangana Water, Land and Trees Act,2OO2 (for short, "WALTA Act"). It is also case of the petitioners that their nEunes have been recorded in Dharani Porta.l as pattadars in Sy.Nos.329 /2 and 32913 and tn view of conflicting entries in the revenue records and the waqf records and in the absence of conducting survey, the respondent No.4 is not having any powcr under the provisions of WALTA Act, to issue notice for femoval of the encroachments. \ Y" 3

7. The W.P.No.3O653 of 2024 is frled by a resident of the locality claiming himself as social activist, stating that the respondcnts in the writ pctition are allowing illegal encroachments over the FTL/buffer zone of Miralam Tank in Sy.Nos.293, 32911,329/2 and 32913 to an extent of Ac.6-1O gts situated at Pahadi-Mir-Mahmood-Saheb Attapur Village (subject property of W.P.No.15678 of 20221. It is the case of the petitioner that the Miralam Tank is a registered Irrigation tank under the provisions of Hyderabad Irrigation Act, 1357 Fasli and in terms of the orders passed in WP iPIL) No.286l2O2O, a joint survey has been conducted and even after identifying the encroachments over the subject land, same were not removed and the said action is causing disusal of the tank and the feeder channels to the tank do not have aly direct source of surface water from the nearby localities and thereby the water storage level is reduced in the tank and causing severe ground water problems in the inhabitants of the locality.

8. Mr. Mohd. Qureshi, learned Senior Counsel appearing for the petitioners in W.P.No.15678 of 2022 has submitted that the property in Sy.Nos.293, 329/1,329/2 and 329/3 situated at Attapur Village, Rajendranagar Mandal, belongs to the petitioners as'they have purchased the same under registered sale deeds and the waqf board without proper verification of the records, has addressed letter vide 4 No.93/RR/PROTIcEN/2022 dated 09.O3.2022 stating that the said property is notified as waqf property as per Gazette No.6A dated

09.02.1999 in thc name of Dargah Hazrat Mir Mohd Saheb and joint survey conducted in terms of the orders passed in Wp (pll-) No.286l2O2O, no notice was issued to the petitioners and the said joint inspection survey is not binding on the petitioners. It is further submitted that any survey conducted by the joint inspection, does not take away an-y existing rights nor it creates any rights and even if it is found that the petitioners are not having any valid title, the respondents carnot evict the petitioners without following due process of law. I t is further submitted that as per the provisions of the Wakf Act, 1955, the waqf board is the competent authority for removal of encroachments and said powers cannot be delegated to the Tahsildar and as such, the Tahsildar is not having power or jurisdiction to invoke the provisions of WALTA Act, 2OO2 for removal of the encroachments.

9. Mr.Mohd.lmtiyazuddin, learned counsel for the petitioners in W.P.No.30653 of 2024 submitted that the property in Sy.Nos.293, 32911, 329 12, 329 13 to art extent of Ac.6-10 g1s is covered by Miralam Tank (water pond). It is further submitted that the petitioners in w. P.No.l56z8 of 2022 by creating forged and fabricated documents are trying to encroach upon the FTL of the tanks and as it n 5 is evident from the joint inspection dated 23.08.2021 conducted in terms of the orders passcd by the Division Bench of this Court in WP (PIL) No.286/2O2O, the lands referred above are in encroachment of various persons and the respondents with a malafide intention are not protecting the communal property. It is a-lso submitted by the learned counsel that as per Section 24 of the Telangana Land Revenue Act, 1317 Fasli, all rivers, streams, tanks, ponds, canals, lakes are vested in the State and the persons disputing the nature of the land or vesting of the said property have to establish their rights by approaching the competent Civil Court. It is further contended that Section 3 of the Telangana Irrigaticn Act, 1357 Fasli defines "irrigation worlC which includes, (i) all kuntas, reservoirs, tanks, anicuts, canals, their distributaries, channels and sluices constructed, maintained or controlled are properties of the Government. I O. Sri Kowturu Pavan Kumar, learned Standing Counsel for respondent No.2 in W.P.No.30653 of 2024 has submitted in W.P.(PIL) No.286 of 2O2O, WP No.24260 of 20O8 and batch and W.P.No.23829 of L987, this Court spccifically directed to take appropriate steps for erecting fence and for removal encroachments of lakes/tanks. In compliance with the said directions, joint inspection team consisting of irrigation and revenue officials have conducted inspection and 6 submitted a report on 23.O8.2021. It is further submitted that as per the said report, the lands in Sy.No.293, an extent of Ac.3-14 gts, and in Sy.No.329 /1, 329/2 and 329/3, an extent of Ac.2-36 gts, are under encroachment and covered by Guest House with compound wall, falling in FTl/bufte r zone of Miralam Tank and a notice was also issued to the petitioners in W.P.No. 15678 /2022, who failed to submit any replv duly enclosing the documents in support of their claim.

11. The State with a laudable object constituted HYDRAA urde G.O.Ms.No.99, Municipal Administration and Urban Development (GHMC.I) Depar.tment, dated 19.O7.2024 for implementation of various provisions under the provisions of the Telangana Land Revenue Act, 13 I7 Fasli, the Hyderabad Metropolitan Development Authority Act, 2008, the Greater Hyderabad Municipal Corporation Act, 1955, of the Telangana Irrigation Act, 1357 Fasli and the WALTA Act, 2OO2 for removal of encroachments from the tanks or tank beds or rivers or river beds or from the water bodies situated in the State of Telangana. The constitution of HYDRAA was upheld by a Judgment passed by th.is Court in batch of cases and the same has attained finality.

12. r Section 3(a) of the Act, 1357 Fasli, dehnes 'irrigation work", which includes the following: \ {^ 7 "(a) "irrigation uorkso include,- (i) all lontas, reseruoirs, tanks, channels and sluices constn)cted, partlg bV or with th_e consent mnueAatlce or storage of uafur; aniants, canrrb, their di"s,tributaies, maintained or controlled uholtA or of the Gouetnment for the supptg, (ii) all construction uorks, embankments, structures, supplg and escape channels, connected uith the aforesaid. u.nter reseruoiri,' tinks, anicits, canal-s, ond teir distibutaries, pipes and. sluices and. all road.s cotLsttucted. for the pu,pose of facilitating the construction or maintenance of the said taater reseraoirs, tanks, aniants, canals, distributaies, and their channels, pipes and" sluices; (iii) all drainage uorks and flood embd.nkments; (iu) ang part of a iuer, stream, lake, natural tDater reservoir or d.rainage channe\ to u-thich the GoueftLment mag applg the provisions of section 61r the uater of u.thich ltns been useti before the commencement;f thjs Act for the purposes of ang exi-sting irrigation uo*; (u) all lands appropiated bg the Gouemment for th.e purposes of taqter reseruoirs, tanks, anicuts, canals and. their distibutaries, pifes ant sluices and all buildings, machjnery, fences, gates ond other erectiorc on such lands; (ui) all pumping sets u.thich are ouned. or con_structed or maintained or controlled utholly or partlg bg the Gouernment and not handed ouer to anV Person. 4

13. The Hon'ble Supreme Court in Jagpal Singh us. State of htnjab and otharsl held as foilows: "Pdrs23: Before parting uith this case u)e giue directions to a tfle State Gouernments in the country that theg should prepare sch.emes for eviction of illegal/unauthorised occtlpants of thE Gram Sabha/ Gram PanchaVat/ poramboke/ shamlat land and. these must be restored to the Gram Sabha/ Gram Panchayat for the common use of uiltagers of the uillage. For this purpose ttte Chief Secretaies of all State Gouetaments/ tJnion Tetitoies in India are directed. to do the needful, takhg tle help of other senior officers of the Gouernments. Tlrc said. scheme should prouide for the speedA eutction of anch i egat occupant, afier @uing him a slata-cause noticg and. d bief learing. Long duration of such illegal ocanpation or futge expenditure in making constructions thereon or political connections must not be treated. as a justification for condoning this illegal act or for regulaising tle illegal possession. Regularisation should onlg be permitted. tn exceptional cases e.g. rahere tizorr;rr scc:lo ) 8 o lease has been granted under some gouenlment notification to landless labourers or members of the Scheduled Castes/ Scheduled Tibes, or u.there tlrcre is alreadg a school, dispensary or oth.er publb utilitg on the land."

14. In Hlnch Lal Tiuari a. Kamala Deul2, the Hon'ble Apex Court observed as follows: Para 13: It is important to notice tluzt the mateial resources of the communitg like forests, tc'nk-s, ponds, hillock, mountain etc. are nature's bountg. They maintain delicate ecological baLance. Tlrcg need to be protected Jor a proper and healthg environment which enables people to enjog a quality life uhich is th.e essence of the guaranteed right under Article 21 of the Constitution. The Gouenrment, including the Reuenue Autlaities i.e. Respondents 11 to 13, houing noticed that a pond is falling in disuse, should haue bestouted their attention to deuelop the same uthich would, on one hand hdue preuented ecolo@cal disaster and on the oth.er provided better environment Ior the beneft of the publip' at large. Such uigtil is the best protection against knauish attempts to seek allotment in non-abadi sites."

15. ln Intellectuals Forum a. State oJ Andhro Pradeshs, the Honble Apex Court observed as follows: "88. Howeuer, some of the enuironmental actiuists, as noted in The Enuironrnentql Activities Hqnd.book autlored bg Gayatri Singfu Kerban Anklesutaia and Colins Gonsalues, that the Judges are carried. autag by tfa moneV spent on projeds and that mega projects, tllot llamt the enuironmeat, are not coftdemned. HoraeueL this citicism seems to be baseless since in Virender Gaur u. fiate of Haryana [(1995) 2 SCC 577] this Court inststed on the demolition of structure uhich haue been constntded on the lands reserued for common purposes ond that this Court did not allotu its dectsion to be ,ustrated. by th.e acttons of a party. This Court foltouted the said decision in seuera[ cases issuing directiotts and ensuing its enforcement by nothing short oJ demolttion or restoration of status quo ante. Tle fact that crores of rupees were spent alreadg on deuelopment projects did not conuince this Coutt tDhile being in a zeal to jealously safeguarding tLe enuironmeri and. in preventing the abuse of the enuironment by a group of tumans or the atthorities und,er ttLe State for that matter. 91: It is ttue that the tqnk ts a communa| propertg and the *.ate authoities are- trustees to hold and manage such properties for the '1zoot;6 scc +90 ' (zooo) 3 scc s+g /, 9 benefits af the community and thEA cannot be allowed to commit anA act or omission uthich will infringe the right of the CommunitA and alienate the propertA to ang other person or bodg."

16. There is no dispute that the subject lands are covered by the Mira-lam Tank and if they form pa-rt of FTL, tank beds, buffer zone, fall within the defrnition under Section 3 (a) of the Act, 1357 Fasli, as irrigation work, the irrigation officers or the revenue officers are competent for removal of the encroachment irrespective of any objections being made by the persons in possession of the said lands. The only grievance of the petitioners in W.P.No. 15678 of 2022 is that instead of issuing the proceedings by the waqf board, which is the competent authority, the impugned notice issued by the Tahsildar invoking the powers of WALTA Act, is without jurisdiction. As seen from the material placed on record, no notice was issued to the petitioners by the joint inspection team and in view of dispute with regard to classification and nature of lands, ends of justice would be met the impug-ned notice No.D/36512O2O dated 14.03.2022 issued by the respondent No.4-Tahsildar, is set aside.

17. For the aforesaid reasons, the impugned notice vide Proceedings No.D/365/2020 dated 14.O3.2022 issued by the Tahsildar is set aside. The officials of Irrigation department, Revenue Department, Municipal Authorities and HYDRAA are directed to conduct joint inspection of the subject properties in Sy.Nos. 293, 329 11,32912, 329 13, Pahadi Mir Mahmood Sahab, Attapur Village, \ 10 Rajendranagar Mandal, Rarrga Reddy District, after issuing notice to the waqf board as well as the petitioners and considering the objections, if any, with regard to notifying the properties as waqf properties and claim of the petitioners as pattadars, and if it is found in the survey that- the property is notified as waqf, the waqf authorities shall remove the encroachments of the Miralam Tank by following the guidelines issued by the Honble Apex Court in Re.. Dlrections ln the matter of demolltion ol stntcfutres 4 and Rajendra Kumar BarJatga And. Another vs. U.P. Auas Eaam Vlkors Parlshad. and otherss. Otherwise, if it is found that the subject land is a tank land as dehned under the provisions of the Irrigation Act, 1357 Fasli, the authorities arc directed to remove the encroachments. If necessary, the police authorities are directed to extend security to the Ofhcers of the Irrigation, Revenue, HYDRAA, arld Municipal departments for implementation of the above directions and for protection of the subject tank. It is needless to observe that if right and title of the petitioners in W.P.No.l5678 of 2022 and their lands within FTl/buffer zone is disputed/denied by the concer-ned oflicial respondents, the petitioners are at liberty to approach the competent Civil Court and seel< appropriate relief, in accordance with law.

18. Accordinglv, both the writ petitions are disposed of '2024 SCC Ont,ine SC 3291 5 CivilAppeal No. 14601 ot'2024 dated l'1.12.2024 11 As a sequel, the miscellaneous petiLions pending, if any, sha1l stand closed. No costs SD/-T. TIRUMALA DEVI T REGISTRAR ASS //TRUE COPY// E TION OFFICER I To,

1. The Principal Secretary Revenue Department, Secretariat, Saifabad, State of Telangana, Hyderabad.

2. The District Collector, Ranga Reddy District, Lakdi ka pool , Hyderabad , T.S. 3. The Revenue Divisional Officer, Rajendra Nagar Mandal and Division' Rangq Reddy District, T.S. Hyderabad.

4. The Tahsildar, Rajendra Nagar Mandal, Ranga Reddy District, T.S. 5. The Ghief Executive Officer, Telangana State Wakf Board, Haj l-bue Building, Razzql< Manzil, Nampally, Hy(erabad. T.S.

6. Tne Commissioner, The Hyderabad Disaster Response--. and Asqetq - dfontpiing and Proiection Hy6erabad, (HYDRAA), having office at Budha Bhava4 Hyderabad.

7. The Prin,cipal Secretary, State of Telangana, Dept of Municipal Administration ' ind Urh6n Developmeht , Having office-at Seqretariat Buildings Hyderabad fl. The Princioal Secretary of lrriqation Department, State of Telangana' - depart?nent of lrrigation and C.A.D l B. Division Hyderabad, Secretariqt Buildings Hyderabad 9 g,ne CC to SRIMOHD MUZAFFER ULLAH KHAN, Advocate. [OPUC] 10 Qne QQ to SRI MOHD IMTIYAZUDDIN, Advocate. [OPUC] 11. Two Cgs to GP FOR REVENUE, High Court for the State of Telangana. [9u1 h.On" CC to SRI KATIKA RAVINDER REDDY, SC FOR GHMC/HYDBM. 1'!i fopuql t!,Two CCs to GP for Municipal Administration and Urban Developmqnt, High - gourt'fdr the $tate of Telanlana at Hyderabad. [OUT] 74..Two CCs to GP FOR IRRIGATION & CAD, High Court for the State 9f il Ielanigana at Hyderabad. [OUT] 75.!wo QQ Copies I llBS FPK v E e J ,Af€ HIGH COURT DATED:1 9103t2025 COMMON ORDER WP.Nos.15678 ot 2022 & 30653 OF 2024 4r, ) 25 lilfl ?s6 \ t DE.9 s.n-r C t DISPOSING OF THE WRIT PETITIONS WITHOUT COSTS v )d