High Court · 2025

DomalaPadmaRao,sonoflateSriRamanalham,.agedabout5!years' 6li"p"tib" ngriiuiiuie, neiloeni ot Gowoavalty Villag;' Medchal Mandal'' Ranoa Reddv District. ij;;";;'Vi,"i".n"ti, son of late sri Ramanathall:.. aged about 51 vears' 5llriirti,l." neliii.iuro,- n"lu""i oi c"*oi"ally Villasie, triledchal Mandal, Ranga Reddy District. ...PETITIONERS AND 1 2 3 4 6 The State of Andhra Pradesh, Represented by its Secretary, Revenue Deoartment. Secretariat, Hyderabad- ii5 oiJri"lbotlector, Randa Reddy District, at Hyderabad' The Tahsildar, tvledchal lt/andal, R-R. District' ih" fr""rtiu'" Engineer, iirigrtion Department, lB Division' Red Hills' Hvderabad. rtE'ix"1i,ti"" Engineer, Rand B Department, Roads Division, Goshamahal, Hyderabad. ...RESPONDENTS Petition under Article 226 of the constitution of lndia 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 of Writ of tvlandamus declaring the action of the respondents in closing the pipeline constructedbythepetitionerinrespectofagriculturallandinSy.No.4lTBand 42lofGowdavally.Village'Medchallvlandal,R.R.Districtasillegal,arbitrary, violative of Articles 14, 21 and 300-A of the constitution of lndia by setting aside the said action and pending disposal of the writ petition, direct the respondents not to close the pipeline constructed by the o petitioners in agricultural land situateinS.No.4lTSand42lofGowdavallyVillage'MedchalMandal'R'R' District 1; i l.A. NO: 1 OF 2014(WPMP. N O: 15545 OF 20141 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 not to close the pipeline constructed by the petttioners in agricultural land situate in Sy.No.4178 & 421 of Gowdavally Village, lVledchal Mandal, R.R.District, pending disposal of the above writ petition Counsel for the Petitioners: Ms. P. KRISHNA KEERTANA Counsel for the Respondent Nos. 1to3: GP FOR REVENUE Counsel for the Respondent No.4: GP FOR IRRIGATION & COMMERCIAL AREA DEVELOPMENT Counsel for the Respondent No.5: GP FOR ROADS & BUILDINGS The Court made the following: ORDER a HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR ,, WRIT PETITION No.12370 of2014 / ORDER: This writ petition is filed seeking the following prayer: " .. .declaring the acrion of the reipondents in closing tle pipeline constructed by tlrc petitioner in respect of ogrianltural land into Sg.No.417B and 421 of Gowdouallg Village, Medchal Mandal, R.R Distnct as illegal, arbitrary, uiolatiue of Articles 14, 21 and 3O0A of the Constitution of India bg setting aside th'e said action and pending di.sposal of the writ petition direct the respondents not to c[ose the pipeline constructed bg tLe o petitioners in agriculturol land situate in S No 4178 and 42 1 of Gort'tdouallg Village, Medchal Mandal, R. R. Distict... "

2. l-earned. senior counsel appearing on behalf of the petitioners submits that petitioners have made a natural slope towards their land which facilitates accumulation of rain water and that pipes have been laid for drawing water from the said accumulated water and that no pipes have been.connected to the Tank.

3. This Colrrt on 29.04.2014 has passed the following interim order: 2 "T'hough the matter u.tas ad-joumed, learned. Gouenrment pleader for hriqation has not receiued, anA instnlctions. Leamed Gouent-men! .plead-er r ep:.,esent tg the R&B Department states, on instnrctions; that os per the administratiue sanction bg the Gouentment uncler G.O.Rt.No.62 j T(R&B), d.aterl 27.06.2013, ruorks o_,[ Rs. l, 3OOi - lalchs are taken up for utid_ening of eisting sirLgle lane to tu.to lane i.e.,3.66 mts to 7.0O mts - 1.62 mls on either side) to Gundlapochampallg-Nuthankal Road from Km O/0 to 16/ 4. The instructions o_lso state that as per Gouemment plead.er,s resolution toid.ening utork on tank bund is taken up ulithin the a.uailable land tuithout damaging/ closing ang irigation struchtres. It also sags that the comploint of the petitioner regarding opening of pipes is d.ealt ttith bg irigation clepaftment. In the circumstances, a,.oaiting the instntctions and counter from the irigation depanlmen| there shall be an interim d_irection to respondent Nos.4 and .5 not to close the pipe line oJ. the petitioner in ttrc agicultural land. in S.No.417B and 421 of Goudaually Vi age, Medclml Mand,al, Ranga Reddg District, pending further ord-ers.,

4. When the matter is taken up for hearing, learned Assistant Government pleader for Irrigation appearing on behalf of respondent No.4 has placed a copy of instructions issued by l the Executive Engineer, Irrigation, Division I, Red Hills, Hyderabad and would submit that the alleged site was inspected by the irrigation ofhcials on 31.03.2025 and observed that, the Bund road is being extended and could not identify the petitioner's land and pipe lines laid down. It is further submitted that Burugu Kunta, Gowdavelly (V), Medchal (M) is a minor irrigation tank with a notihed ayacut of Ac.6-OO gts., and that the FTL survey of tank was conducted by the HMDA on

06.09.2013 and the same was certified by the lrrigation and Revenue Ofhcials. Subsequently, FTL map was notified by HMDA on 06.01.2015 and hnally notihed by the HMDA on

06.09.2019 and piaced in the public clomain with Lake ID:1700/33 with an FTL area of Ac. 13-OO gts., and a buffer width of 9 m from the FTL contour. As per Irrigation Department, Final notified and Cadastal map part of the land is coming under buffer of Burgu Kunta, Gowdavelly (V), Medchal mandal and that the extension of the Road bund is done by the R&B Department with reference to G.O.Rt.No.62i T(R&B) dated

27.06.2013. As per the said G.O. widening work on tank bund is taken up within the available land without damaging/closing any irrigation structures and that petitioner has not taken any permission to take water from the Tank. It is further submitted that whenever any agriculture land/owner requires water, they 4 , have to approach Irrigation Department by way of hling an application and Irrigation Department will consider the said application accordingly to the water level by laying down pipe l:nes instead of taking water from sluice which might cause damage to the tarrk. In such circumstances, petitioner may approach the concerned officers.

5. ltecording the submission of learned counsel for the petitioner that the petitioner is only fetching r.r,ater from accumulat-ed rain water and that no pipe lines have been connected to the ternk and also recording the submission of the Exccutive Dngincer, Red Hitls, Hyderabad that whenever any agriculture land/owner requircs rvatcr, they may hle appropriate application. before the irrigation Departrnent which shall be considered by the Departme nt, and if the pctitioner requires rvater for irrigation purpose, they may approach Irrigation Department and hle appropriate applica[ion and if such application is hled, the Irrigation Department shal consider the same as stated by the llxecutive Engineer, Red Hills, Hyderabad and take appropriate action or pass orders in accordance to raw. it is also made clear that petitioner shall not meddle with the tank. 5

6. Recording the submissicns of learned counsel for the petitioner and learned Assistant Government Pleader for Irrigation, this Writ Petition is disposed of. There shall be no order as to costs. As sequel to it, Miscellaneous Petitions, if any pending, shall stand dismissed. //TRUE COPY// SD/- L.LAKSHMI BABU REGISTRAR DEPU SE N OFFICER To, Hvderabad. Hvderabad.

1. The Secretary, Revenue Department, Secretarlat, T'S ,Hyderabad' 2. The District iollector, Ranga Reddy District, at Hyderabad' 3. The Tahsildar, Ivledchal Mandal, R.R. District. +. f6e gt""rift Engineer, lrrig'ation Department, lB Division, Red Hills' s. ifr""ii"iriive Engineer, Rand B Department, Roads Division, Goshamahal' 6 Ohe CC to [vls. P. KRISHNA KEERTANA, Advocate [OPUC] T.TwoCCstoGPFoRREVENUE,HighCourtfortheStateotlelanganaat 8 i,il;-Ca; t6- cp ron ROADS & BUILDINGS High court for the state of s i;; "cdi- io' GP FoR' tRRtcRloru & coturMERClAL AREA " O'EVEf-OFH ENI, High Court for the State of Telangana, at Hyderabad [OUTI 10.Two CD CoPies Telangana, at Hyderabad [OUTI Hyderabad [OUT] BM TKS HIGH COURT DATED:1010412025 ORDER WP.No.12370 ot 2014 ( t {HF: Sr4} e' 13 rUE 2Sl5 6( i .srrAT C ! " DISPOSING OF THE WRIT PETITION WITHOUT COSTS \5-