ch.eera Vedasri v. C A D Department

Counsel for the Petitioner : SRI P.VISHNUVARDHANA REtrl )Y Counsel for the Respondents No.1,3&4 : Ms.SWATHI, GP I:r )R IRRIGATION Counsel for the Respondents No.2&5 ,Io.;r;Hlt#,fiXi -, counser for the Respondents No'6 ' S8'IJitltrfffii#til =oo"' The Court made the following: ORDER THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI WRIT PETITION No.30546 OF 2025 ORDER: This writ petition is filed with the following prayer: "...to issue an appropriate writ, order, or direction, more particularly one in the nature of a Writ of Mandamus, declaring the action of Respondents 3 to 6 in digging a canal through the petitioner's private agricultural land admeasuring Ac.O.85O guntas in Surwey No.3/A / I /4, Sartapur Village, Narsampet Mandal and Division, Warangal District, as illegal, unreasonable, arbitrary, wrthout due process of law, and violative of Articles 14, 21, and 3OO-A of the Constitution of India and to pass ..."

2. Heard Mr. P.Vishnuvardhana Reddy, learned counsel for petitioner, Ms. D.Haritha Kiran, learned Assistant Government Pleader for Revenue and Ms. Swathi, learned Assistant Government for Irrigation for respondents

3. It is the case of petitioner that respondent Nos.3 to 6 are digging a cana-l in the petitioner's private agricultural land admeasuring Ac.0.850 guntas 1n Sy.No.3/A/ t /4 rn Sarvapur Village, Narsampet Mandal & Division, Warangal District, without following due process of law 2 JAKJ rvp 30546 2025

4. Learned counsel for petitioner submi1.1 :d that said land was conveyed to her through a register:d Gift Deed bearing document No.359O/2015, dated 08.1(.2015 by her mother, who rvas owner of Ac.O.17 guntas in )y.No.3/A/ 1 It is further the case of petitioner that sl e submitted representation to respondent No.6 on 23.06.'.2 )25 and also to respondent Nos.3 and 4 on 25.O8.2025, ob ecting to the unauthorized and iilegal canal excavation ir her private

5. It is the submitted bv learned counsel br petitioner thal respondent authorities cannot enter ir to a private patta land and dig a canal in violation of Art cle 300-A of Constitution of India. It is further sut mitted that respondents are bound to follow due process rf law if they intend to carry out any act and that diversic n of a canal through petitioner's iand cannot be undert: ken without acquiring the land. Representations addre rsed to the respondents are annexed as documents as p P2, and P3. Copies of pattadar passbook and title books a- r annexed as documents P4 and P5. A copy of registered Grf Deed dated 3 JAKJ wp 30546 2025 is annexed as P6. Relying upon these documents, it is contended that respondents have entered into private property of petitioner and hence, the writ petition.

6. Learned counsel for respondent Nos.3 to 5 has submitted that an existing canal/drain passes adjacent to petitioner's land, that, for the smooth discharge of rain water and lor avoidance of submergence, respondent authorities have taken up the cleaning of drain, along with Narsampet Municipality staff. Learned counsel has placed written instructions of Executive Engineer, Irrigation Division No.3, Narasampet, which are as follows: "The Kummari Kunta is a Minor irrigation tank With its GEO ID:Latitude 17.9254, Longitude 79.9OO2 the sluice water of this tank and low \ring area water will join in to the drain of Nafsampet Mucnipality and merges finally in the Munneru stream and this existing drain passes through adjacent to the petitioner's 1and. 1 The Existing drain was widened. by the Municipal authorities for smooth discharge of Rainwater for avoiding the submergence to the Roads & Village

2. The undersigned department has no role in digging of the existing drain as mentioned in the w.P.

3. The Drain alignment and drain dimensions will be fixed with joint survey with revenue arld municipal authorities in due course of tirne. Hence, It is prayed that the Hon'ble HighCourt may please consider above facts as deemed fit and proper in the circumstalces of the case ti1l 4 JAK,J rp_30546 2025 finalization of joint survey for fixing of alig-r nent of Drarn and encroachments of the drain." 7 . Learned counsel for respondent No.6 L i s submitted that due to heary rains, Municipal staff I I spected the natural storm water drain and identified obst'uctions and it is for cleaning bushes and obstructions, .he desilting work was carried out by Municipality, in ord,:' to facilitate free flow of storm water. Written instructi,) ls from the Commissioner, Narsampet Municipality, date,J lO.lO.2025, addressed to the office of Standing t)ounsel for Municipalities, are placed on record. The follc wing are the contents: "ln the said petition, the petitioner h:r that the responding authorities are diggir through petitioner private agricultutr admeasunng Ac.O.850 guntas in sy.no 3 Sarwapuram village Narsampet Municipalit / In thrs regard, it is to inform that th: heary rains, the Municipal staff inspec riatural storm water d.rain and identifierl obstructions in the existing drainage. Drt monsoon season, the municipal staff are etr clearing bushes along the drainage and des i Channel to facilitate the free flow of storr This office has not laying any permanent drz stated g canal ta/ 1/4, Due to .ed the certain ing the ;aged in ting the . water. ,nage." B. On a perusal of written instructions r jceived from respondent Nos.3 to 5 and respondent No.6, i, is apparent that there is a storm water drain/canal whi:h is flowing 5 JAK,J w 30546-2025 adjacent to petitioner's land and that there is a minor irrigation tank by name Kummari Kunta and the canal/water drain which is running adjacent to petitioner,s land merges finally in the Munnem stream. That when the staff of Narsampet Municipality inspected natural storm water drain, they identihed certain obstructions and have taken up the work of clearing the bushes and also desilting of channel/canal to facilitate free flow of storm water and it is stated that no damage has been caused to petitioner,s land. This act of authorities cannot be found fault with.

9. It is trite law that natural storm water drain, which runs into minor irrigation tank, Kummari Kunta, is to be kept free from any obstructions. Desilting the channel/canal is one of the modes to permit free flow of water drain/channel, this cannot be objected by any of the citizen(s) of State, as it is in the 1arger public interest that irrigation tanks have to be fed by the channels/canals. This being the nature's law and also the law of the land, the works have to be carried out in the interest of larger public and environment. i t 6 JAK,J wp_30546 _2025

10. On the other hand, officials cannot entr: into land of private pattadar(s) in the name of desilting rnd carrying out repair works. If at all they intend to entc into land of petitioner's, they can enter upon putting the : :titioner's on notice or request. In view of the written instnr:tions placed on record, this Court is of the considered cpinion that interests of justice would be met, if in future , respondents intend to desilt or remove obstructions in th : canaI, they can do it only by following due process of la,r. It is stated in the instructions that no new canal ha s been dug through petitioner's land 1 1. Be that as it may, petitioner is at libr: ty to invoke remedies available under law, if respondent z-r Lthorities are trying to interfere with the peaceful possessior of land. It is made clear that respondent authorities ar: under an obligation to keep the free flow of water to Kt.: amari Kunta tank through channel/canal which is flowir 1 adjacent to petitioner's land and they can carry out desil! ng work arld removal of bushes if there is obstruction to t.l: free flow of 7 JAK,J wp 30546_2025 channel/canal water which drains into the Kummari Kunta tank by seeking permission of the petitioner(s). t2 With the above observations, Writ Petition is disposed of. No order as to costs Miscellaneous applications pending, if any, shall stand closed. SD/.MOHD. ISMAIL DEPUTY REGISTRA ,TRUE COPY// ECTION OFFICER To, r"ranqind State Buildings Hyderabad' 1 The Principal Secretary, lrrigation and C A D Depa ' 2. The District Collector, Warangal District' Telangana State' 3. The Executive Engineer, lrrigation and C A D Department' Warangal District' 4. The Deputy Executive Engineer, lrrigation and C A D Department' Warangal , Secretariat, e District.

5. The Revenue Divisional Officer, Narsampet' Warangal District' 6.TheMunicipalcommissioner,NarsampettVlunicipality'Narsampet'warangal District. Telanqana State.

7. One CC to SRI P.VISHNUVARDHANA REDDY Advocate [OPUC] 8. Two CCs to GP FOR lRRl AND COMM AREA DEV' High Court for the State 9. Two CCs to GP FOR REVENUE' High Court for the State of Telangana at of Telangana. [OUT] Hyderabad. [OUT]

10.One CC to SRI KRISHNA REDDY PUTTA' SC FOR MUNICIPALITY/MC' loPUCl

11.Two CD CoPies BSK BS HIGH COURT DATED:1711112025 t I :-L rrir Ot- ( z. s I ; 27,fi 20zi , SPI : a ) ORDER WP.No.30546 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS e1l, t IN THE HIGH COURT FOR'I-HE STATE OF TELANGANA AI:: HYDERABAD (MEMO M OF CRTMINAL PETITION FILED LT BNS) ''- \ ]f1 14 Kt'e { Crl.P.No (o oF 2025 AGAINST C-C.No. 37 83 of 2023 (XIII Additional Chief Metropolitan fulagistrate Nampally, at Hyderabad) Betwcen: 1) 2l 3) 4l 1 2 Chikkala Shanmukha Rao S/o. Vishwanatham Aged about 31 Years, Occ: Chartered Accountant Residlng at Plot No 91, LIG, Shivam Road, Hyderabad, Teiangana - 500 013, Email:- shanmukhST@gmail. com Nlobile Number: -91 8099i52517 Aadhar Number: 28O5 8168 7560 Chikkala Padma W/o. Chikkala Vishwanatham Aged about: 56 Years, Occ: Housewife, Chikkala Viswauadharn S/o- Late Sri Chikkala Appa Rao Aged about: 63 Years. Occ: Farmer Chikkala I(ranthi I(iran S/o- Chikkala Vishwanatham Aged about: 29 Years, Occ: private Employee, All Resident of 2 49, Lankalapalli palem Village, Poosapati Rega Mandal, Vizianaga_ram, Andhra Pradesh -5352C4 v/ s- The State of Telalgala through Rlblic Prosecutor, High Court for the State of Telangana, Hydcrabad. Sankuri Apoorva D/o- Sankuri Veni<ateshrvar Rao Aged about 28 Years, ...PETITIONERS/ACCUSED No. 1 to 4 Respondent No. I Occ: Chartererl Accountant, Resident of Q.No. MB - 53, 2nd Lane, Wri[e r Basthi, Kothagpdem, Bhadradri Kothagudem District 507 1O1 Email: ' apoon asankuri@gmail-com Mobile Numbcr:- +97 8147847965 Aadhai Number: 4843 4349 8683 .,.RESPO}IDENT NO.2 /DEFA. I'O COMPI-AINAN'T. JOINT MEMO It is submitted that the Petitioners / Accused herein li :d the present joint memo to compound the offences betiveen Petition: s and Respondent no.2 as the matter is settled out of colrrt amicably.

2. Whereas the Defacto complainant/ Respondent No 2 in C.C.No. 3783 ot 2023 on the Hor-r'ble Xili Addition I Magistrate Nampally, at Hyderabad-

3. It is submitted that the matter is settled out of c(n Il both the partics and elders- One of the oliences rs but thc parties herein enter lnto cornpromise- Thc Defacto Complainalt herein vcluntarily undertool matter. Hence, the quash petition may be allowed. herein f,led a case Chief Metropolitan r at the instance of ron-compoundable, lespondent No. 2 I to compromise the 4 Whereas the Respondent No.2 / Defacto complnant also frled her afhdavit disclosing her willingness for the compro r ise along with this joint memo as part of this record Respondent No. 2 ,frwF' Counsel for n nt No. 2 1)',r'hu"ln+- Petitioner I o. 1 /Accused No. 1 q_ril a aiDJ Petitionel i'l r. 2 / Accused No- 2 /l t i,Lt4ybll'^' Petitioner i ). 3 / Accused No. 3 c &1'{/'/4. fUA"' Petitioner I r, 4 / Accused No. 4 Counsel for tlr Jitioner/Accused