High Court · 2025

Petition under Article 226 of lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to lssue any appropriate writ, order or direction one more particularly one in the nature of Wiit of Mandamus declaring the action of the Sth Respondent in issuing proceedings vide Lr. No. 8t81212017 dated 06.02.2017 to the Petitioner as being without jurisdiction, illegal, arbitrary and u nconstitutiona I and set aside the same and furt-her direct the Respondents to not to interfere with the Petitioners rights over the land admeasuring Ac. 7.36 gts in Sy. No- 386, Ac 4'12 gts in Sy' No 387 and Ac. 1 .08 gts in Sy. No. 423, totally admeasuring 1 3.19 gts in Tellapur Village, Ramachandrapuram Mandal, Medak District Telangana I.A. NO: 1OF 2017(WPMP. NO: 6985 OF 20171 Petition urrder Section 15'1 cpc praying that in the crrcumstances stated in the affidavit filed rn support of the petition, the High court may be pleased suspend the operation of the impugned proceedings Lr. No.B/g12 tzoll aatea 06.02.201r issued by the 5trr Respondent to the petitioner, pending disposal of the main writ petition in the intr)resl of justice Counsel for the Petitioner: SRl. NARESH REDDy CHINNOLLA Coun5el for the Respondent Nos.1 to 5: Gp FOR REVENUE Counsel for the Respondent No.6: SRI y RAMA RAO(SC FOR HMDA) counsel for the Respondent Nos.7&8: Gp FoR lRRr AND coMM AREA DEV The Court made the following: ORDER I THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.573O of 2OL7 ORDER: Heard learned counsel appearing for the petitioner and learned Assistant Govertltnent Pleader for Revenue zrppearing for the respondents and perused the entire matcrial on record.

2. Aggrieved by the action of the respondent No'5 in issuing proceedings uide Lr'No'B/812 l2Ol7 dated 06.02.2017 with regard to interfcrence with the rights of the petitioner over the land admeasuring Ac 7'36 guntas in Sy.No.3B6, Ac.4.l2 guntas in Sy'No'387 And Ac'1'08 guntas in Sy.No.423 i.e. total admeasuring Ac' 13'19 guntas in Tellapur Village, Ramachandrapuram Mandal' MedeLkDistrict,thepetitionerfiledthepresentwritpetition.

3. Learned counsel for the pctitioner submits that while admitting the writ pctition, this Court has passed interim order on 17.02.2017 stating that as per Section of the A.P.Water, Land & Trees Act, 2'OO2 (for short 'the Act' .s. ,.r wP 5730 2017 2OO2), the Authority as defined under Scction 2(l) of the Act of 2',OO2, can notify water bodies like l:rkes and village ponds imd take ali mcasures permanenl ly de marcate the boundaries

4. Section 2(ll ol the Act, 2002, reads as lollows "2(l): 'Autl-rority' means the Anrll'rra Pradesh Stzlte Wzrte r, Larrd and 'lrees Authorily constituted ru n<le r SccLion 3;"

5. Learned counsel lbr the petitionel lurthcr submits that the 5th respondent is not the aulhority as defined under Section 2(1) of Lhc Act, 2OO2. \ perusal of the impugned order also shows that no prior rrrltice is issued to the pet.tioner. In view of the same, this Court has granted interim suspension of the impugned proceedings uide Lr.No.E l8l2/2017 , dated 06.O2.2O17.

6. Le arned counsel Ibr the petitioner lurther submits that in spite of lapse of more than eiglrt (08) years, the responrlents did not choose to file any L:ounter or vacate petitior. in this matter for denying the averments made in ;.he writ al{idavit and requested this court to make the 3 SI(, J wP 5730 2017 interim order dated ).7.O2.2O 17 as absolute by disposing the u,rit petition

7. Lcarncd Assistant Government Pleader for Revenue lairly acceded the submissions made by the learned counsel for the petitioner as the respondent No.5 is not the Competent Authority as per the Act, 2OO2 and requested to pass appropriate orders.

8. [n view of the above made submissions on both the sides, the vi,rit petition 1S disposed of by setting aside impugned order passed by the respondent No.S-Tahsildar t,r.No.B/8i2l2ol7 dated 06.02.2017 as he is not a 1n competent authority. This order shall not lpreclude the competent authority to take appropriate action as per the Act,2OO2. No order as to costs g. Miscellaneous Petitions, if any, pending in this writ petition shall stald closed. //TRUE COPY// SD/. MED ABDULLA KHAN TANT REGISTRAR SECTION OFFICER To,

1. The Principal Secretary, Revenue Department, Secretariat Buildings' Hyderabad.

2. District Collector, Sangareddy district, Telangana, -

3. District Fevenue Officer (DRO), Sangareddy Distrtict. Telangana. 4. Revenue Divisional Officer (RDO), Sangareddy Divisron, Telangana. 5. Tahsilda', Ramachandrapuram Mandal, Sangareddy District, Telangana. 6. Hyderab,ld [\,4etropolitan Development Authority DistrirI, Commercial Complex, Administrative L-Block, Tarnaka Hyderabad

7. Executiv,: Engineer, l.B. Divison, Sangareddy District, Telangana S Pggyty E xecutive Engineer, LB. Sub-Division, Patancheru, Sangareddy District, --elangana-

9. One CC to SRl. NARESH REDDY CHTNNOLLA Advocate tOpUCl 10. Two CCr; to GP FOR REVENUE, High Court for the State of Telangana. louTl 11 . One CC to SRI Y RAMA RAO(SC FOR H|\4DA) [Optjc] 12.Two CCr; to GP FOR lRRl AND COtVlM AREA DEV High Court for the State of TelanJlana at Hyderabad. [OUT]

13. Two CD Copies KKS GJP (,v I -7. HIGH COLIRT DATED:2310612025 \ ( I I ORDER WP.No.57ll0 of 2017 i.q i .:' 1e iEP zffi (.' -r1 ti) tl I '+ \ t DISPOSING THE WRIT PETITION WITHOUT COSTS Vo- 2t-) 1 1-:,