The High Court · 2025

:iljr.Pillarshetti Sridevi W/ o Srinivas Reddy. And The State ofTelangana, represented by its Principal Secretary, Irrigatron De partment, Secretariat Buildings, Sec re ra ria r Hyderabad & 10 others, petitioner respondents ORDER: This Writ Petition is filed seeking the following relief: "...to issue an order or direction more pa-rticularly one in the nature of Writ of Mandamus declaring the actron of the Respondent No.3 to 9 in non-initiatrng to take the necessary action agarnst the illegal construction of the Respondent No.1O and 11, who constructed il1ega11y by occupying the Musi Project Left Calal limits Distributory No.27, located in Sy.No.310 near Old Shivalayam Suryapet Village and Mandal, Suryapet District without implementing the show cause dated 25.07.2025 and Letter dated O3.O7 .2025 is highly itlegal, arbitrary, unconstitutional and violation of Articles 74, 15, 27 and 300-4 of the Constitution of India and a.lso violation of the Principies of Natura-l Justice and consequently direct the Respondent No.3 to 9 to take the necessary action against the illegal construction of the Respondent No.1O a-nd 11 who constructed by occupying the Musi Project 2 JAK..I \ P.No.i7l3?o12025 Left Cana.l limrts Distributory No.27, localcc in Sy.No. 310 near OId ShivaJayam, Suryapet Vrllage I rd Mandal Suryapet District. .. ."

2. Heard Mr.Rapolu Bhaskar, learned counsel for petitioner, learned Assistant Governmen.- Pleader for Irrigation and Command Area Development tppearing for respondent Nos. 1, 2, 4,6,7 and 8 and lear ted Assistalt Government Pleader for Revenue appearing f rr respondent Nos,3, 5 and 9

3. Grievance of petitioner is that responde :lt Nos.3 to 9 are not taking any action against illegal con ,truction(s) of respondent Nos.10 and 11 occupying the Mu ;i Project Left Canal limits Distributory No.27, located in Si. .No.310 near Old Shivalavam, Suryapet Village and Mandal

4. It is subm jtted by learned counsel for 1 etitioner that show cause notice, dated 25.07.2025 (Ex.P.2 and P3) and letter, dated 03.07.2025 (Pg.No.60) are issuecl but no action has been initiated by respondent authoritiers It is further submitted that petitioner is pattadar and possessor of agricultural land to an extent of Ac. 1.00 gts., in Sy.No.320 and that respondent Nos.10 and 11 have made 3 JAK,J W.P.No.37l37of 2025 construction in the Buffer zone without there being any valid permission. Hence, such illegal constructions be removed and that the illegal constructions a-re causing inconvenience to reach to her land.

5. Learned counsel invited attention of this Court to copies of pattadar pass books and pahanies (annexed at Pg.Nos.51,54,55, 56, 57 and 58).

6. On the other hand, learned Assistant Government Pleaders for official respondents submitted that notices have been issued and that they are inciined to take action by informing appropriate authority as the Irrigation Department is not the appropriate authority to issue notices for the purpose of removal of any illega1 encroachments in Musi Project Left Canal limits Distributory No.27 , located in Sy.No.310 near Old Shivalayam, Suryapet District, if respondent Nos.10 and 11 are found in illegal encroachment/ occu pation or have made any construction(s) in the FTL/ Buffer zone of the Musi Project Left Canal. 4 JAK,J 'I P.No.3 7137of 2025 7 . Heard learned counsels, perused th,: record and considered the submissions.

8. It is submitted that respondent Nos. 10 rnd 1 I made corlstrLlctions in Musi Project Left Canal limit.: Distributory No.27, Iocated in Sy.No.310 which is a Buffer : one and that no construction should take place in the Bull:r zone. That petitioner's land is in Sy.No.310 and she purcl ased Ac. 1.00 gts., of land by sadabainama, dated 15.03.19!) i (Petitioner's brother purchased). In other words, if the :ontention of petitioner is to be taken on face value, even rer land falls under Buffer zone, arry encroachment in the .: uffer zone by way of agriculture / cultivation or by way of cc nstruction is an iI1ega1 activity unless it is permitted in acc :rdance with lau,. If notice is to be issued only to responder t Nos.10 and 1 1, it would be hit by Article 14 of Constitutior of India and the action of official respondents would br: arbitrary 1n nature, Hence, this Court is of the considere I opinion that all citizens, who make illegal construction o - take up any activity (in this case agricultural activity as cia med, if, with ) JAK.J W.P.No iT li 7ol'2015 permission in accordance with 1aw) in Buffer zone , they should be dealt with in accordance with law.

9. Learned counsel for respondents submitted written instructions received from the Executive Engineer, Irrigation Division No.l, Suryapet. The following a-re the contents of written instructions received:- "It is to submit that the present writ petitions filed by Smt Pilaa::shetti Sridevi W/o Srinivas Reddy, Aged about 57 years, Occ:Agriculture, R/o H.No.11-12-272, Ramakrishnapuram, Kothapet, Suryapet District, presenuy residing in Hyderabad has approached the Hon'bte High Court and it is prayed that this Hon'ble Court may be pleased to issue an appropriate writ, order or direction, more particularly one in the nature of writ of mandamus declaring the action of the respondents, more particularly respondents no,3 to 9 in non-initiating to take necessary action against the illegai constructions by respondent no. 10 and 11 in Musi Le[t Main ]n slrrvey' no.31O canal distributary ^o.27 near old Shivalayam Suryapet Village and mandal, Suryapet district without implementing the show cause dated 25.O7.2025 and letter dated 03.07.2025 is highly illegal, arbitrary and unconstrutional and violation of articles 14, 15, 2l and 300A of the constitution of India and also the violation of the principles of Natural Justice and consequently direct the respondents no.3 to 9 to take necessary action against the illegal construction of the respondent no.lO and 11 who conskucted by occupying the Musi Project Left canal limits Distributary no.27, located in survey no.310 near o1d Shivalayam, Suryapet village ard Mandal, Suryapet District and pass such other order or orders as the Hon'ble court may deem fit arrd proper in the circumstances of the case. 6 J AK.J \\ t No.37l37of 2025 ln this regard lt is humbly submitting 1l r I{onb1e High Court, the facts of above uI t oetition in detail as follows. lmt Pilaarshetti Sridevi W/o Srinivas Red I , Aged about 57 years, Occ: Agriculture, F:, c Ramakrishnapure r ', H.No.ll-12-272, Kothapet, Suryapet District' preser t y residing in Hyderabad the Present Vr: 't petition is filed, challenging the inaction )f the Respondents 3 to 9 in non-initiating o take necessary action against the i1leg { constructions by respondent no.10 and 11 n Musi Left Main canal distributary no'27 n survey no.310 near old Shivalayam, Sur]?! )t Villagi and mandal, Suryapet district witho lt implementing the show cause dat d 25.07.2025 and letter dated o3.o7 '2025 n this connection it is submitted to the Hon 1 le High court as per the complaint of Sr t Pil,aarshetti Sridevi, dated: OI 07 '2025' L \t) irrigation officials have approached the s :e and inspected the site, The concerned Secli n officer has communlcated to the Tahsilc r'r d,ater):a3 I a7 I 2025, for demarcating t re Distributary no.27 in the Survey No.31C n lhe SuryaPet Revenue Village Further' t re 69n6erned section oflicer has once alii 'n instructed the il1ega1ly occupied responder ts No. 10 and 1t on dated 25107 12025 trd issued a notice to vacate the place. Further, it is submitted to the Hon'ble II Ih court, the Must project has deleted s'l re ayacut in the year 1973 due to late receipls of inflows into the reservoir and Distributi ry No.27 in also enclosed in the deleted I ;t' Therefore, the concemed officials have .ot attended to any works in the Distribut ry rro.27 due to this some of the local pec rle have unauthorisedty occupied the land e-td due to the urbanization of Suryapet city, rl 're than half of the acquired land is conver ed into the road of Suryapet-Bheemaram : he total width of the carral acquired land ir; 82 feet (25m) extent of 2Ac-12 Gts, in sur ey no-310 as per the records available. Fartb e it is submittad that, after demarcation of lz nd acquired. in the site by the revenue offir lls the unauthorised constructions u'i11 be removed. ln view of the above, it is submitted tc he Honble High court and pass such ord(r or orders as this Hon ble court may deem fit nd proper in circumstances of th5 case " .a/ 7 JAK.J W.P.No.37l37of 2025

10. It is submitted by learned counsel on the basis of instructions that respondent authorities have informed , \ I Tahsildar to take steps and to act in accordance with law and deal with the encroachments/illegal constructions I 1 1. Be that as it may, encroachment in the Buffer zones of Musi Canal either by way of purchase of agricultural lands by sadabainama as averred b1'petitioner or by way, of any illegal encroachments/ construction s made by respondent Nos. 10 and 1 1, have to be dea-lt with in accordance with law. Needless to state that due process of 1aw shall be followed for evicting respondent Nos.l0 and 1l if found to be in violation of law. It is made clear that if any of the alleged constructions/ encroachments are falling within the zone i.e., FTL or Buffer, the same shall be removed by following due process of law.

12. With the above observations, Writ Petition is disposed of. No costs. 8 JAK,J V.P.No,37137o12025 Miscellaneous petitions, if any, pendi r 3 in this writ petition shall stand closed ,TRUE COPY' AS$ i 1 . The Principal Secretary, lrrigation Department, StatF o' Secretariat Building. Secretariat, Hyderabad. To, iD/.MOMINA MEHAR STANT REGISTRAR \. sEefloNdFFIcER __ -r, -elangana,

2. The lrrigation ln Chief, lrrigation Department, Telangane 3. The District Collector, Suryapet, Suryapet District. 4. The Superintendent Engineer, lrrigation Department, Sr yapet, Suryapet Hyderabad District,

5. The Revenue Divisional Officer, Suryapet Division, Sury lpet District, 6. The Executive.Engineer, lnigation Department, (Musi Lt ft Canal Division ll) Suryapet Division, Suryapet District

7. The Dy. Executive Engineer, lnigation Department, Su I apet Sub-Division, Suryapet District.

8. The Assislant En_gineer, lnigation Department, (Musi Lr: t Canal Division ll) Suryapet Town, Suryapet District.

9. The Tahsildar, Suryapet Mandal, Suryapet District. 10.One CC to SRl. RAPOLU BHASKAR, Advocate [OPU( ] 1'1 .Two CCs to GP FOR lRRl AND COMM AREA DEV ,Hi1 h Court for the State of Telangana at Hyderabad . [OUT] 12 fwo CCs to GP FOR REVENUE, High Court for the S1z :e of Tetangana at Hyderabad. [OUT]

13. Two CD Copies DAN L :-- i 1., , ,-. ,) ,i ..,_- . i\ 'a ,, ,/'.N )r ':+ At{ l,il26 ,l-: )// -. *"v \1 C-t:::').,r';/ HIGH COURT DATED:0511212025 ORDER WP.No.37137 of 2025 /':;' !l 0ti t DISPOSING OF THE WRIT PETITION WITHOUT COSTS \rt \