Chitram G-a1esh v. The State of Telangana

Petition under Article 226 ot the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be ...RESPONDENTS pleased to issue an appropriate writ, order or Direction, mc r -- particurarry one in the nature of a writ of Mandamus, decraring the action r f the Respondents authorities in including the petitioners lands in Sy.Nos. 4. i, 417, and 420 of Nadargole Village, Balapur Mandal, Ranga Reddy District, w t rin the FTL Zone of Beera Cheruvu as illegal, arbitrary, and violative of r atural justice and Consequently direct the Respondents to conduct a Re_survey rfter issuing notices to all affected landholders and fix the correct FTL and Buffer lone boundaries of Beera Cheruvu. lA NO: 1 OF 2o25 Petition under Section 151 cpc praying that in the circt rstances stated in the affidavit filed in support of the petition, the High court may re preased to pass interim directions to the respondents to consider the represen:i tions submitted by the petitioners to conduct a Re-survey after issuing notir )s to aI affected landholders and fix the correct FTL and Buffer Zone boundaries of Beera cheruvu, pending disposal of the writ petition. Counsel for the petitioner: SRI SOMA RAVI KIRAN REDDY counsel for the Respondent No.1: Gp FoR McpL ADMN & uF BAN DEV counsel for the Respondent Nos.2 & 3: SRr L.RAVTNDER, AG I FoR REVENUE 9_o_u.1"-"1.r^ol IRRIGATION the Respondent No.4: SRt LAXMALLA SANDEEF, AGp FOR counsel for the Respondent No.s: sRr V.NARSTMHA GouD, Ii, ) FoR HMDA 9-:.:l::!lqr ge Respondent No.6: SRt KR|SHNA MARAGANt, I iC FoR MUNICIPALITY The Court made the following: ORDER HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.33498 of 2025 DATE OF ORDER: O4.L2.2O25 BETWEEN: Chitram Ganesh ar-rd 4 others AND The State of Telangana Rep. by its Principal Secretary, Revenue Department and 5 others. . Petitioners : ORDER: Respondents This Writ Petition is fiied under Article 226 of Constitution of India seeking the following relief/s:- "...to issue an appropriate Writ Order or Direction more particularly one in the nature of a Writ of Mandamus declaring the action of the Respondents authorities in including the Petitioners lands in Sy.Nos.416,4l7 and 42O of Nadargole Village, Balapur'Mandal, Ranga Reddy District within the F"IL Zone of Beera Cheru'"rr as illegal, arbitrary and violative of natural justice and Consequently direct the Respondents to conduct a Re-Survey after issuing notices to all aflected iandholders and fix the correct FTL and Buffer Zone boundaries of Beera Cherur,rr. . . "

2. Heard Mr.Soma Ravi Kiarn Reddy, Iearned counsel for the petitioners, Mr.Krishna Maragani, learned Standing Counsel for 2 Municipality Badangpet Municipality appearinlJ for respondent Nos.1 and 6, Mr.L.Ravinder, learned Assistir rt Government Pleader for Revenue appearing for responderl Nos.2 and 3, Mr.Laxmalla Sandeep, learned Assistant Governr rent pleader for Irrigation , appearing for respondent No.4, Mr.V. t arsimha Goud, learned Standing Counsel for HMDA, appearinlJ for respondent No.5. Perused the record.

3. Learned counsel for the petitioner would s ubmit that the petitioners are the absolute owners and possessors of agricultural lands situated in Sy.Nos.416, 4lZ an at Nadargole Village, Balapur Mandal, Rarga I 420, situated Reddy District (herein after referred as "the subject lands,,) e,r rd they are in peaceful possession and enjoyment of the said l: ye ars. He would submit that recently the 1r, rds for several titioners have converted the agricultural lands into non agricult lral lands vide proceedings dated 03.12.2O2I. He would furttL, r' submit that the lands are located far away from Beeram I.l rnta Cheru of Nadargole Village. As part of fixing up the Full .I,z nk Level (FTL) and Buffer Zones, recently the Government I ad published Preliminary Notification, in which the subjecl iands of the petitioners have been shown as falling within he FTL Zone without conduction of survey and without issuing any notice to J the petitioners.

4. Learned counsel for the petitioners would further submit that aggrieved by the action of respondent No.3, the petitioners approached respondent No.2 and made a representation in Prajavani on 01.12.2024. Respondent No.2 has referred the representation to respondent No.3, on that respondent No.3 had issued proceedings Lr.No.DEF/ISD 2/ Shamshabad/ Balapurl323, dated 06.12.2024 stating that the re-survey is not feasible in the above said water body. Thereafter, the petitioners have made representations on 21 .12.2024 and 27.O1.2025 to respondent No.4 and to respondent Nos.2 and 5 on 13. i0.2025 Since, no action has been taken by the said official respondents, the petitioners have filed this writ petition. Hence, he wouid seek to pass appropriate orders.

5. Learned Assistant Government Pleader for Revenue would submit that on the representation made by the petitioners on O1.12.2024, - respondent No.2 referred the representation to respondent No.3 and respondent No.3 had conducted survey on

26.06.2013 and preliminary notification of the tank has also been issued by HMDA on 24.01.2014. Further, the HMDA !r- \ \l 4 authorities have called for filing objections on fu i tions of FTL of Beera Cheru to be submitted by O5.OO p.m.. r n 28.02.2014. Hence, the request to conduct re-survey of ,i :era Cheru is rejected. It is further submitted that the request to conduct re- survey is not feasible because the altitudes of F,I L points might have changcd q'ith respect to the altitudes avail rble on survey done dated 26.06.2013 because of natural ev,: rts i.e., rains, flooding, siltation, filling of soils etc. Hence, h<: would seek to pass appropriate orders.

6. Having regard to the submissions made by , ither counsels and after careful perusal of materials placed bei re this Court, since the petitioners lands arc neighbouring land; to the Beerarn Kunta Cheru and due to rising of height of the r aid Cheru, on the occasion of ."r,orld environment week, it has be :n adopted by the Hindustan Coca-Cola Beverages pvt.Ltd and Smaran companies and closed the passage of said lheru, which disturbed the boundaries of the said Cheru. Due o heavy rains in the year 2022 and due to excavation of the soil. accumulation of the soil and rain water, the lands of the petitior ers have sub- merged into the said Cheru. Therefore, the p : itioners have made a representation on 27.01.2025 to resp rndent No.5. 5 Therefore, this Court, without making any observations on the merits or demerits of the case, deems it appropriate to direct the olficial respondents herein to consider the representations of the petitioners and conduct joint inspection survey consisting of respondent No.3 as well as respondent No.5. Further, respondent Nos.3 to 5 are directed to take necessary action for conduction of joint inspection survey strictly in accordance with law, by issuing necessary notices to all the concerned parties and affording them sufficient opportunity of hearing, AS expeditiously as possible.

7. With the above directions, this writ petition is disposed of There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed. SD/-P. PONNA KRISHNA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,

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9. '10 11 12 PMK BS The Principal Secretary, Municipal Administration Department, Secretariat Building, Hyderabad. The Principal Secretary, Revenue Department, Secretariat Buildings, Secretariat, Hyderabad The District Collector, Ranga Reddy District. The Executive Engineer, lrrigation Department, Ranga Reddy District. The Commissionei, Hyderabad Metropolitan Development Authority (HIMDA), Ameerpet, Hyderabad. The Commissioner, Badangpet Municipality,. One CC to SRI SOMA RAVI KIRAN REDDY, Advocate [OPUC] One CC to SRI V,NARSIMHA GOUD, SC FOR HMDA [OPUC] One CC to SRI KRISHNA MARAGANI, SC FOR MUNICIPALIry [OPUC] Two CCs to GP FOR MCPL ADMN & URBAN DEV, High Court for the State of Telangana at Hyderabad. [OUT] Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad . [OUT] Two CCs to GP FOR IRRIGATION, High Court for the State of Telangana at Hyderabad . [OUT] Twc CD Copies fy o tt-'/' I HIGH COURT DATED:0 411212025 \ I 1 HE S TAI.C 0 i ttB 2[26 ( o c) ORDER WP.No.33498 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 0Y :]KJ -:t b)lt >e