High Court · 2025

Petition unde: Article 226 of the Constitution of lnriia praying that in the circumstances staterd in the affidavit filed therewith, tht: High Court may be pleased to issue a !Vrit, order or Direction more particularly one in the nature of writ of [Vlandamus ceclaring the inaction of the respondenls 2 to 4 failing to take steps to protect the existing l\/aisamma Sikham in Survey No 42B situated in Kubeer Village and t\rlandal, Nirmal District as oppose( to the provisions of A.P.(Telangana Area) lrrigation Act,1357 Fasli (Act 24 tt 1357) as Arbitrary, Capricious, with a ccnsequential direction against the resp ondents 1 to 4 to take steps for preservence of Maisamma Sikham situated ir Kubeer Village and tvlandal, Nirmal District by regulating the Water in the said Tank for use by the Villagers and by restoring the entire extent of Ac.18,03 gurtas covered by Survey No.428 of Kubeer village as Government land/Sikham land. lA NO: 1 OF 2018 Petition under Section 151 CPC praying that in the clrcumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents not to cause any damage to the existing Maisamma Sikham Tank situated in Survey No.42B, admeasuring Ac.18.03 guntas of Kubeer Village and Mandal, Nrrmal District by altering the nature of the same in any manner whatsoever except for its use as Sikham for the benefit of the villagers. Counsel for the Petitioner(s): SRl. ERANKI PHANI KUMAR Counsel forthe Respondents: GP FOR REVENUE (TG) Counsel for the Respondents 5 to 15 & 17: 3816/M A K MUKHEED The Court made the following: ORDER SK, J '!.1'.No:11412 of 2018 THE HON,BLE SRI JUSTICE K.SI\RATH ORDER: W.P.No.314L2 of 2OL8 This rvrit petition is hled questioninll the action of the respondent Nos.2 to 4 in not taking steps to protect the existing Maisamma Sikham in Sy.No.428 situated at Kubeer Village and Mandal, lrirmal District as opposed to the provisions of Telangrrna Irrigation Act, 1.357 Fasli (Act 24 of 1357) AS rrbitrar5r and illegal.

2. Heartl learned counsel for the petitioners, learned Assistalt (lovernment Pleader for Revenue and learned counsel for: the unofficial respondents.

3. LearrLed Counsel for the petitioners submits that since times immemorial, Kubeer village has only one Tank i.e., Maisamma Sikham, being used by the villagers either for cattle or for agricultur.al needs and by thr: washer men besides undertrLJ<ing hshing activif . The respondent Nos.5 to 10, who got entered ! 2 SK, J W.P.No.31412 of 2018 their names in the revenue records, have obtained the assignment pattas by influencing and managing the revenue authorities and started making clandestine attempts to convert the tank into a layout taking advantage of the location of the Tank adjacent to the road and raising of the land value. He submits that the respondent Nos.5 to 1O have engaged the respondent Nos. 1 1 to 17 for developing the tank into plots and started digging t1 e land with JCB by closing the Tank, due to which the water in the Tank entered 1n SC colony, the stone cutters colony, bamboo weavers colony and other neighbouring colonies. Though the petitioners made several representations to the official respondents, no action has been taken. He further submits that the provisions of Telangana Irrigation Act, 1357 Fasli, authorizes the revenue authorities to punish such persons who have committed any violation of these provisions and as the respondent Nos.S to 17 a:.e attempting to damage the only tank available for the village which is the water 3 SK, J W.P.No.31412 of 2018 source frrr fishing, use by washer men and for cultivation and any further damage to the tank will submr:rge the village, he requested to allow the writ petition by directing the respondents to restore the subject land as Government land/Sikharn land.

4. Learned Assistant Government Pleader for Revenue basing on the counter submits that the land admeasuring to an extent of Ac: 18.O3 gts in Sy.No.428 was recorded as Government land Khariz-khata from 1954-55 to till 1969-70 and later as per the pahani for the year l97O-71, certain names of farmers were appeared in the cultivation column of the pahar.i as shivaijamedars (illegal cultivators of Government land) against the subject land. He submits that as per the Judgment ald Decree passed in O.S.No. 124 of 1985 on the hle of District Muns;if, Bhainsa, dated 3 - .03. 1994 and as per the Judgment 1n A.S.No.22l of 1994 on the hle of Subordinate Judge at Nirmal, dated 01.1O.I997, the suit 1anr1 admeasuring 4 SK, J W.P.No.31412 of 2018 to an extent of Ac.10.00 gts was assigned to two assignees i.e., Shaik Hussain and Chand Pasha @ Ac.5-00 gts each in Sy.No.428 and their names were mutated in the revenue records in the year, 2000-01 as pattadars and the remaining extent of land of Ac.8-03 gts was shown as Khariz khata, but cultivation column showS the names of P. Vitta-l, S/o.Bhojana, Pothanna S/o.Dakaji and Ibrahim S/o.Ameer Khan.

5. Learned Assistant Government Pleader for Revenue further submits that" during the y€tr, 2Oll-I2, the land admeasuring to an extent of Ac.4-2O gts was recorded in the name of Muqther Begum, W/o.Ameer Khan AS pattadar and cultivator leaving the balance land admeasuring to an extent of Ac.3-23 gts as Government lald, which is under cultivation of P. Vittal s/o. Bhojanna. He submits that after demise of original assignees, succession was affected on the narrres of their lega-l heirs ald now the legal heirs are found as pattadars of the subject land as per Dharani 5 SK, J W.l'.No.31412 of 2018 websit.e. Ile further submits that as per the pahanies from L954-55 to till Dharani, there is no record of a Tank by name Maisamma kunta in t.he suit land, whereas rluring rainy season, rain water nill be stored in the suit land and at certain period, villagers/washer men \Mere utilized the water for their need and the assigr.ees of the suit land lost their crops for kharif seasolr a:rd there is no entry in the revenLre records since 1954-55 to till Dharani that -he suit land consists of Tank known as Maisamma Kunta.

6. Learned Assistant Government Pleader for Revenue further submits that as per the direction of the Courts, the narnes of assignees were brought on record and after their names, their lei;a1 heirs have succeeded those lands. The attempt of digging the assigned land closing the bund was stopped by the revenue authorities at Mandal level vide Lr.No.Bl226l2OI8 dated 18.08.2018 against the offenders who tried to damage the bund. He further I i I lL t, !i l I I I 6 :)lt..J W.P.No.31412 of 2018 submits that the suit land comprising total extent of Ac.i8.03 gts is purely Government land and neither eisting any tank/water body nor the Shikham land (Maisamma Kunta),and out of the said land, the land admeasuring to an extent of Ac.l4-2O gts of land was assigned to various assignees leaving the balance of land admeasuring to an extent of Ac.3.23 gts AS Government land free from assignment. He further submits that the petitioners, in order to cancel the assignment made to the assignees and get back the land into Government custody making the allegations of Tank/Maisalnma Kunta existing over the suit land and as per the directions of this Court, the official respondents are taking necessary steps to protect the suit land and requested to dismiss the writ petition.

7. Learned Counsel for the respondent Nos.5 to 17, based on the counter averments, submits that the land admeasuring to an extent of Aci8-O3 gts in Sy.No.428 is not a Government land and it belongs to the I \ 7 SK, J W.P.No.31412 of 2018 respondellt Nos.S to 10 and they are do.ng agriculture much prior 60 years and no point of tinLe that land in Sy.No.428 is Shikam land. In the pzLtrani for year 1954-55, the names of the ancestors of the unofhcial respondents were shown as cultivatc,rs and their possession was recognized by the Go.zernment and they a,re paying revenue fees to the Gc,vernment. He submits that the forefathers of the respondents also filed srrits in O.S.No.123 and 124 of l9gtl on the file of District Munsif Court at Bhainsa, Adilabad District, for declaration against the official respondents and the same were decreed in their favour and their vendors on 26.07.1985 and 29.07.1985 respectively and the appeal in A.S.No.22 of 1994 filed b1 the District Collector, Adilabad and Revenue Authorities was dismissed on 3O.09.1997. He further sultmits that the respondent No.10 also filed suit in O.S.lrlo.32 of 2006 on the file of the Junior Civil Judge at Bhainsa and the same is pending. I 8 SK, J W.P.No.31412 of 2018

8. Learned Counsel for the respondent Nos.S to 17 further submits that the aforesaid decrees were implemented in the revenue records after conducting enquiry and the narnes of the respondents and their ancestors were shown as pattadar and possessors of the subject land. The land in Sy.No.42B is neither part of any tank nor used as tank and as per the revenue records, it is agricultural land and the respondents are pattadars and owners of the subject property and requested to dismiss the writ petition.

9. After hearing both sides and perusal of the record, this Court is of the considered view that the petitioners being the residents of Kubeer Village are questioning the action of the official respondents in not taking steps to protect the existing Maisamma Sikham in Sy.No.428 situated at Kubeer Village and Mandal, Nirmal District. The petitioners have no personal interest, but stated that being villagers they wanted to \ \ protect the Sikham land as per the provisions of the 9 SK, J !V. P.No.31412 of 2018 Telangana Irrigation Act, 1357 Fasli as the said land was the source of water used for cattle, cultivation and by washer men besides hshing activity. In the writ petition, the petitioners have stated that the revenue entries in Sy.No.428 situated at Kube,:r Village are with r,:gar-d to different names at differr:nt times and stated that the respondent authorities have failed to protect- the Government land in Maisatnma Sikham, which is illegal and arbitrary.

10. On the other hand, the contention of the ofhcial respondents is that there is no dispute that the land bearing Sy.No.428 admeasuring to €rn extent of Ac.18.03 gts was recorded as Governmerrt land Kllariz khata from 1954-55 to till 1969-70 and therea_fter, the ancestors of the unofficia_l respondents lLave filed suit in O.S.No. 124 of 1985 on the hle of District Munsif, Bhaisa and the sarne was aLlowed on 31.03. 1994 and questioning the same, the ofhcia_l resp,)ndents have tiled A.S.No.22 of 1994 on the hle of Subordinate r' n l0 SK, J W.P.No.31412 of 20t6 Judge at Nirma_l and the sarne was dismissed on 01.10.1997. In view of the same, the official respondents have mutated the n€unes of the assignees for the land admeasuring to an extent of Ac. 10.00 gts out of Ac. 18.03 gts of the subject land and in view of the same, the land admeasuring to an extent of Ac. 10.OO gts was assigned to the ancestors of the unoflrcial respondents and thereafter, Ac.4.2O gts was recorded in the name of Muqther Begum w/o. Ameer Khan and subsequently the narnes of the unoflicial respondents were recorded as pattadars. 1 1. As per the counter filed by the official respondents, at no point of time the land in Sy.No.42g was recorded as Tank by name Maisamma Shikam and only during rainy season, due to heary rains rainwater will be stored in the suit land and at certain period, the villagers/washermen were utilized the water for their need, br.rt there is no entry in the revenue records since 1954-55 to till Dharani showing the same as l1 SK, J W I'.No.31412 o12018 Maisamma Kunta. The names of the e ssignees were brought on record as per the Court orrlers and after their clemise, their legal heirs have succ,:eded the said lalds in the year 2018. Out of the entire extent of land of Ac. L8-03 gts, Ac.14.2O gts of land wrs assigned to vanous assignees leaving the balanc: of land of 4c.3.23 gts as Government land free from assignment and irL order to cancel the assignment made to the assignees, the petitioners are making vagge allegations for caricellation of assignment and the respondents are protecl.ing the remaining land of the Gove rnment iald.

12. The unofhcial respondents a-lso contended that they are doing agriculture much prior to 60 years and at no point of time, the land is Shika:n land. The forefathersr of the unofficial respondents have filed suits ;end obtained favourable orders against the Government. In view of the same, th: respondent t I authorrties; are not interfering with the possession of the unofficial respondents. ) i i l I I I t I i I t2 ..,1 SK, J W.P.No.31412 of 2018 i3. In the above circumstances, the petitioners cannot take advantage of mere entries in the revenue records as the land belongs to Government ald covers Maisamma Kunta. Before filing the writ petition, the competent Civil Courts in various proceedings in suit and appeal decreed in favour of the forefathers of the unofhcial respondents and the same has become final. The official respondents have also implemented the said decrees and issued assignment pattas to the assignees. In view of the same, there is no cause of action to Iile the instant petilion for protecting Maisamma Shikam in Sy.No.428 situated at Kubeer Village. Hence, there are no merits in the writ petition. L4. Accordingly, the Writ Petition is dismissed. No order as to costs. //TRUE COPY// SD/. K. AMMAJI DEPUTY REGISTRAR SEC N OFFICER its Pori n ci P a I S ecreta ry' Re ve n u e To, , *? I?13[?315t $;,lJ:";"JtfiifJ, "tl*:,i.l

2. The District Collector' Nirmal District' Nirmal' T'S' 3. The Revenue Divisional Officer' Bhainsa Division' Bhainsa' Nirmal District 4. The Tahsildar, Kubeer Mandal' Nirmal District' ve a rs' o cc As ricu rtu re' ,l'elSm:::fi , B',i#3",1,S3,1i I ft',,.?f"?B?i,..il

6. Shaik La'Taquddin, Aged about 35 years, Occ.Agriculttrre, R/o Kubeer Village and Mandal, Nirmal District, T.S.

7. Shaik Sardaruddin, S/o.Shaik Allauddin, Aged about 30 years, Oi-.Rgricuttu'e, Rl/o.Kubeer Village and Mbndal, Nirmal District, T S' 8. Shaik Afsaruddin, S/o.Mohinuddin, Aged about 35 years, Occ.Agriculture, Rl/o.Kuberer Village and lvlandal, Nirmal District, T.S.

9. Shaik Atharucldin, S/o.lvlohinudd in, Aged about 32yeers, Occ.Agriculture, R/o.Kuberer Village and trlandal, Nirmal Diskict, T.S

10. Puppala Vittal, S/o.Bhojanna, Aged about 35 years, O:c.Agriculture, R/d.kubeer Village and'lr/andal, Nirmal District, T.S. 1 1 . [t/ujju, S/o.Anwar Khan, Aged about 42-years, Occ.Ag -iculture, R/o Kubeer Villlge and lVIandal, Nirmal District, T.S.

12. Javeed,:S/o.S;aleem, Aged about 34 years, Occ Agricrrlture, R/o Kubeer Village and lVandal, Nirmal District, T.S.

13. Sarder, 5l/o.shamsher Khan, Aged about 45 years, Occ.Agriculture, Rl/o.Kubcer Village and lr/andal, Nirmal District. T.S.

14. Rahuf, S/o.tr/lchinoddin, Aged about 37 years, Occ.Agriculture, R/o.Kubeer Village and tVlandal, Nirmal District, T.S.

15. Bashir, S/o.Shaik Husen, Aged about 38 years, Occ.A griculture, Rl/o.Kubeer Village and lvlandal, Nirmal District, T.S.

16. Afsar, S/o.N/ohin, Aged about 37 years, O'cc.Agricultu'e, Rl/o.Kubeer Village and ft/andal, Nirmal District, T.S.

17. Shair Khan, {iio.shemsher Khan, Aged about 48 years, Occ.Agriculture, Rl/o.Kubeer Village and Mandal, Nirmal District, T.S.

18.One CC to SRl. ERANKI PHANI KUIMAR, Advocate. IOPUC] 1 9. Two CCs to GP FOR REVENUE (TG), High Court for the State of Telangana, at Hyderabacl. [OUT]

20. one cc to lr,/ A K lvuKHEED, Advocate. 21 .Two CD Oopies.

22.One spare copy. Dst GJP o HIGH COURT DATED: 2810412025 TI ORDER WP.No.31412 of 2018 10 slP 2025 .,: ', // ' ,/ DISMISSED THE WRIT PETITION WITHOUT I I u