ORDER : (K. Lakshman, J.) : Heard learned counsel for the petitioners and Mr. D. Ravi, learned Assistant Government Pleader for Irrigation and Command Area Development appearing on behalf of the respondents. 2. Petitioner No.1 is claiming that she is the absolute owner and possessor of the land admeasuring Acs.5.00 guntas in Survey No.157/ /1/1, situated at Lakkaram Village, Choutuppal Mandal, Yadadri - Bhongiri District, while petitioner No.2 is the absolute owner and possessor of the land admeasuring Acs.2.00 guntas in Survey No.157/ /1/2 and admeasuring Ac.1.10 guntas in Survey No.159/ 2/2, making a total extent of Acs.3.10 guntas of the very same village. In proof of the same, they have filed copies of latest pattadar passbooks and title deeds. 3. According to the petitioners, respondent Nos.5 to 7 came to the site on 07.06.2024 and interfered with their possession without following due procedure laid down under law. Therefore, they have submitted representations dated 08.05.2024, 25.05.2024 and 23.08.2024 to respondent Nos.5 to 7 with a request to show them the FTL marks and other identification in proof of FTL, taking final/preliminary notification earmarking FTL of Pedda Cheruvu of Lakkaram Village, Choutuppal Mandal. They have also requested the respondents to earmark FTL of Pedda Cheruvu Tank by following the procedure laid down under law, if not already marked. While taking action, they have to follow the due procedure laid down under law. They are also trying to remove muddies which are lying there since last three decades. Despite receiving and acknowledging the said representations, respondent Nos.5 to 7 did not act upon the same. On the other hand, they are trying to dispossess the petitioners from the subject lands and remove the said muddies. 4. In the light of the said allegations, this Court directed learned Assistant Government Pleader for Irrigation and Command Area Development to get specific instructions. He has produced written instructions of respondent No.5, wherein it is stated that the Pedda Cheruvu of Lakkaram village is a minor irrigation tank having an ayacut of 176 Acres. In reorganization of Irrigation Department, the above Choutuppal Mandal tanks were transferred from I.B. Sub-Division. Choutuppal, I.B. Division Bhongiri to Sub-Division No.2, Choutuppal, Irrigation Division No.12, Choutuppal, Yadadri - Bhongiri District under the control of Superintending Engineer, Irrigation Circle Mall, in Irrigation Unit Chief Engineer, Nalgonda District, vide G.O.Ms.No.1, dated 09.01.2021. 5. In reorganization of Irrigation Department, the above Choutuppal Mandal tanks were transferred from I.B. Sub-Division. Choutuppal, I.B. Division Bhongiri to Sub-Division No.2, Choutuppal, Irrigation Division No.12, Choutuppal, Yadadri - Bhongiri District under the control of Superintending Engineer, Irrigation Circle Mall, in Irrigation Unit Chief Engineer, Nalgonda District, vide G.O.Ms.No.1, dated 09.01.2021. 5. It is further stated that that during the field inspection along with A.E., D.E.E., and R.I., of Pedda Chervu, the applicants, Mr. Gunganti Venkatesham, Mr. Narsireddy, Mr. Laxman Reddy and Mr. Ravinder have informed that Mr. Anantha Reddy, Mrs. Ajitha wife of Mr. Anantha Reddy; Ms. Bhargavi, daughter of Mr. Anantha Reddy; Mr. Dasarla Shekar; Mr. Arla Mahesh and Mr. Paggilala Gopal Reddy have illegally dumped soil in the FTL of the tank by excavating in the tank bed. The Villagers also informed that the soil was dumped during the years 2015-2016 and 2017-2018. Complaints were given to Police by marking copies to the Revenue Officers and the Police registered FIRs against the said persons under Sections - 154 and 157 of Cr.P.C. After re-conducting survey again on 18.3.2024 by Irrigation Officials, it is noticed that some of the patta land owners dumped soil in their patta lands by excavating some soil from the tank bed. 6. It is further stated that above the tank FTL survey was conducted by HMDA on 16.08.2014. The Pedda Cheruvu, Lakkaram, village is one of the Minor irrigation tank of above 100 acres. As per Section - 24 of the Telangana Land Revenue Act, 1317F and Section - 2 of Land Encroachment Act 1905, all lands and water bodies etc., are the property of Government. Therefore, Pedda Cheruvu, Lakkaram Village is also the property of the Government. Moreover, it is a chain linked tank, the surplus of this tank will feed Oora Cheruvu of Choutuppal Village, which in turn will feed Divi Cheruvu in Talla Singaram Village and removal of Pedda Cheruvu will affect all other tanks. The petitioners herein actually intend to make a Layout by filling the soil and they have no intention to irrigate said land for their livestock. The petitioners herein actually intend to make a Layout by filling the soil and they have no intention to irrigate said land for their livestock. As per Sections - 49 to 51 of the Telangana Irrigation Act 1357 F, no building/development activities shall be taken place inside the FTL/Canal/Nala along with its buffer zone and further as per the aforesaid Irrigation Act, it is clear that the petitioners can only do cultivation/agricultural activities when there is no water existing in the tank bed, but the petitioners cannot intend to do development activity in the aforesaid land. Irrigation plan has been communicated to petitioner No.1 through reference letter, dated 08.05.2024. 7. In the said written instructions, it is also stated about the judgment passed by the Hon’ble Supreme Court in Civil Appeal No.1251 of 2006, wherein it was held that “natural resources of earth including air, water, land flora & fauna and especially representative samples of natural eco system must be safeguarded for the benefit of present and future generations through careful planning and management”. Therefore, there is a responsibility bestowed upon the Government to protect and preserve the tanks and its supply channels which are important part of the environment of the area. The encroachment in water body and water resources is affecting the Constitutional Rights of all other Citizens. The Apex Court emphasized the need to retain and restore water bodies and held that water bodies are inalienable. Therefore, the land comprised in water bodies cannot be alienated to any person even if it is dry. 8. It is further stated that the Pedda Cheruvu is the property of the Government. The petitioners are causing environmental degradation in water bodies and willfully changing the nature of land and water bodies. The tank has to be protected by the Irrigation Department. He has also enclosed the plan. The said written instructions are placed on record. 9. The aforesaid facts would reveal that though the FTL survey was conducted on 16.08.2014 by HMDA, no preliminary Notification was issued earmarking the Pedda Cheruvu under FTL. There is procedure for earmarking FTL land. The respondent authorities have to call for the objections, then they have to consider the same and thereafter they have to fix FTL by issuing final notification. They have to fix boundary stones. 10. There is procedure for earmarking FTL land. The respondent authorities have to call for the objections, then they have to consider the same and thereafter they have to fix FTL by issuing final notification. They have to fix boundary stones. 10. As discussed above, to show that the petitioners herein are the absolute owners and possessors of the subject land, they have filed copies of latest pattadar passbook and title deeds. It is apt to note that in paragraph No.3 of the writ affidavit, the petitioners have mentioned that they are the owners and possessors of agriculture land admeasuring Acs.7.00 guntas popularly known as “Lakkaram Cheruvu”, situated at Lakkaram Village. The said land is situated above the canal of Lakkaram Cheruvu. They never filled their land with sand and mud. The said muddies were prepared since more than thirty (30) years. However, it is a factual aspect, which this Court cannot consider in the present writ petition filed under Article - 226 of the Constitution of India. It is for the respondents to consider the same. 11. Respondent No.6 has lodged a complaint against the husband and father of the petitioners respectively and one Mr. Dasarla Shekar with Choutuppal Police Station, who in turn, registered a case in Crime No.170 of 2024 for the offences punishable under Section - 420 of IPC and Section - 3 of the Prevention of Damage to Public Property Act, 1984. He is also owner and possessor of the land admeasuring Ac.1.00 guntas in Survey No.158, Acs.1.11 guntas in Survey No.159 of the very same Village. The allegation levelled against them is that he is dumping soil illegally in the FTL area of Pedda Cheruvu. Therefore, respondent No.7 requested the Station House Officer, Choutuppal Police Station, to take action against them. Investigation is pending. Thus, there are serious allegations against the husband and father of the petitioners respectively and another. It is for the Investigating Officer to consider the same and conduct investigation as per law. 12. According to learned counsel for the petitioners, the husband and father of the petitioners respectively i.e., Mr. Kontham Anantha Reddy is the absolute owner and possessor of the land admeasuring Ac.1.00 guntas in Survey No.158/E and admeasuring Ac.1.28 guntas in Survey No.159/AA2 and admeasuring AC.3.33 guntas in Survey No.159/A3/2. The land claimed by the petitioners herein is different. 12. According to learned counsel for the petitioners, the husband and father of the petitioners respectively i.e., Mr. Kontham Anantha Reddy is the absolute owner and possessor of the land admeasuring Ac.1.00 guntas in Survey No.158/E and admeasuring Ac.1.28 guntas in Survey No.159/AA2 and admeasuring AC.3.33 guntas in Survey No.159/A3/2. The land claimed by the petitioners herein is different. The said aspect is also a factual aspect which this Court cannot consider and it is for the Investigating Officer and the respondents to consider the same. 13. It is also relevant to note that though the petitioners are claiming that they submitted representations dated 08.05.2024, 25.05.2024 and 23.08.2024 to the respondents with a request to communicate the irrigation plan showing the FTL marking to take further steps, they have not filed any proof of submission of the said representations on the respondents. However, there is stamp/seal of Government of T.S., I & CAD Department, T.S. Secretariat, Hyderabad. They have to submit proper representation ventilating their grievance to the appropriate authority and it is for the said appropriate authority to consider the same. 14. In the light of the aforesaid discussion, this writ petition is disposed of directing the respondents not to dispossess the petitioners from the subject property without following the due procedure laid down under law. If the petitioners commit illegality including dumping of soil in the Pedda Cheruvu of Lakkaram Village, liberty is granted to the respondents to take action against them in accordance with law. Liberty is granted to the respondents to issue preliminary/final Notification fixing FTL boundaries of Pedda Cheruvu of Lakkaram Village by following due procedure laid down under law if not already fixed. The Investigating Officer in Crime No.170 of 2024 of Choutuppal Police Station shall conduct investigation in accordance with law. Liberty is also granted to the petitioners to submit representation to the authorities concerned ventilating their grievance specifically and it is for the said authorities to consider the same. In the circumstances of the case, there shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition shall stand closed.