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2025 DIGILAW 1517 (TS)

K. Nadipi Krishnaiah v. State of Telangana

2025-11-14

E.V.VENUGOPAL

body2025
ORDER : E.V. Venugopal, J. This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief : “...pleased to issue Writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.2 to 5 in not taking against the encroachments in Sy.No.615, 616 and 633 of Palle cheruvu, Budda Reddy Pally Village, Itkyal Mandal, Jogulamba Gadwal District, which comes under FTL and Buffer Zone despite representation dated 27.08.2024 as illegal, arbitrary, highhanded, violative of principles of natural justice and being violative of article 14 and 300-A of Constitution of India and consequently to direct the Respondents take action against the encroachments fn Sy.No.615, 616 and 633 of Palle cheruvu, Budda Reddy Pally Village, Itkikal Mandal, Jogulamba Gadwal District made in accordance with law, and take remedial measures for protection and restoration of the said water body and pass...” 2. Heard Sri T.Bala Mohan Reddy, learned counsel appearing for the petitioner, Sri L.Ravinder, learned Assistant Government Pleader for Revenue, for respondent Nos.1 to 4 and Sri Dharavath Ravi, learned Assistant Government Pleader for Irrigation and CAD, for respondent No.5 and perused the record. 3. Learned counsel appearing for the petitioner would submit that the petitioner herein is the ex-sarpanch of Buddareddypally Village and he is eking his livelihood by doing cultivation. The only water source of their village is Palle Cheruvu. The said water body is spread over approximately 65 acres in Sy.Nos.615, 616 and 633. Due to large-scale unauthorized encroachments and indiscriminate release and diversion of water, the taken has suffered considerable reduction in capacity, severely impacting the irrigation supply to dependent agricultural lands. The earlier elected body of Grampanchayat, despite the availability of alternate government land, has illegally undertaken the construction of a Grampanchayat building within the FTL area of Cheruvu. This construction was undertaken using government funds. As a result of this construction, the existing cartway within the tank has been raised to prevent water from entering the building area, thereby shrinking the water body by approximately 8 to 10 acres. 4. This construction was undertaken using government funds. As a result of this construction, the existing cartway within the tank has been raised to prevent water from entering the building area, thereby shrinking the water body by approximately 8 to 10 acres. 4. In the communication dated 23.12.2019, vide Letter No. A/451/2019 issued by the Tahsildar, Itkyal Mandal to the Assistant Director, Survey and Land Records, Jogulamba Gadwal District, acknowledges that the survey was wrongly conducted in Sy.No.616 instead of Sy.No.615, and also admits that a portion of the Gram Panchayat Building lies within the FTL zone. A request was made to depute DIO for re-survey; however, no corrective action has been taken. Aggrieved by the said construction of gram panchayat building in FTL, the petitioner filed W.P.No.2926 of 2020. The said writ petition was closed by this Hon'ble Court by order dated 29.07.2021 observing: "on perusing the affidavit filed by the respondent No.7, we are of the opinion that a satisfactory explanation has been offered by the Department relating to the construction of the Gram Panchayat building in the village in question and the same does not infringe either the FTL area or the buffer zone. on the ground that no encroachment was proved in respect of the specific building". 5. In-fact the reports and survey conducted would clearly show that one pillar of the said building is in FTL and Buffer zone. Since the orders are already passed by this Hon'ble court in respect of the panchayat building, the petitioner is not re-agitating the same issue in the present writ petition, in as much as the order attained finality. The land, which is forming part of cheruvu, FTL and buffer zone was occupied some land grabbers and started forming plots and the said cheruvu also making illegal construction thereon. Despite several representations, including dated 27.08.2024 submitted by the petitioner to respondent Nos.2 to 5, and in the face of various inter-departmental communications acknowledging the issue, no effective action has been taken to identify and demarcate the FTL and Buffer Zone of the tank and remove illegal encroachments, restore the water body's original capacity for agricultural and environmental purposes. 6. Despite several representations, including dated 27.08.2024 submitted by the petitioner to respondent Nos.2 to 5, and in the face of various inter-departmental communications acknowledging the issue, no effective action has been taken to identify and demarcate the FTL and Buffer Zone of the tank and remove illegal encroachments, restore the water body's original capacity for agricultural and environmental purposes. 6. It is respectfully submitted that certain unscrupulous individuals, commonly referred to as land grabbers, have taken undue advantage of the inaction on the part of the concerned authorities and have unlawfully encroached upon portions of the land constituting the Palle Cheruvu (tank). Such encroached lands are being surreptitiously demarcated into residential plots and illegally sold to unsuspecting buyers for the purpose of constructing residential houses. A further portion of the said land has been illicitly converted into agricultural land with the ulterior motive of establishing possession and ultimately claiming ownership rights, thereby undermining the public utility and ecological importance of the tank. 7. Due to the aforesaid encroachments, the tank (cheruvu), which is spread over approximately 65 acres in Survey Nos. 615, 616, and 633, is no longer capable of holding its full designed capacity of water. Consequently, this adversely affects its primary functions, including irrigation for agricultural lands and the storage of water released from the downstream Nettampadu Lift Irrigation Scheme. The tank's diminished storage capacity poses a direct threat to the livelihood of farmers and the general well- being of the residents of the surrounding villages. In this regard, it is imperative that immediate steps be taken for the restoration of the Full Tank Level (FTL) and demarcation of the Buffer Zone in accordance with established norms and environmental guidelines. A comprehensive joint survey is required to be conducted by the Revenue, Irrigation, and Survey Departments to delineate the original boundaries, FTL, and Buffer Zone of the Palle Cheruvu. Post identification, all unlawful encroachments and obstructions impairing the tank's natural flow and storage capacity must be removed, to restore its utility for public and agricultural purposes. 8. The petitioner in view of the encroachments made had made a representation dated 27.08.2024 to take action against the encroachers in Sy.No.615, 616 and 633 of Palle cheruvu, Budda Reddy Pally Village, Itkyal Mandal, Jogulamba Gadwal District, which comes under FTL and Buffer Zone. That the said representation was received and acknowledged. 8. The petitioner in view of the encroachments made had made a representation dated 27.08.2024 to take action against the encroachers in Sy.No.615, 616 and 633 of Palle cheruvu, Budda Reddy Pally Village, Itkyal Mandal, Jogulamba Gadwal District, which comes under FTL and Buffer Zone. That the said representation was received and acknowledged. However, the respondents instead of taking action simply replied that the survey was conducted and cheruvu was demarcated. This reply does not address the issue of encroachment in the tank land, FTL and buffer zone of the cheruvu. Due to lackadaisical attitude of the officials concerned the encroachers are resorting to further encroachment of tank land. The government of Telangana is taking various steps to restore the tanks, waterbodies and other irrigating sources to its normalcy and original form and taking various steps. That the action of the officials refusing to either looking into the representation and take appropriate action against the encroachers of tank land and remaining mute spectators is clearly unwarranted and is in clear violation of duties cast upon them apart from being violative of rights guaranteed to petitioner under Constitution of India. In these circumstances the petitioner is constrained to file the present writ petition. 9. Learned Assistant Government Pleader for Revenue and learned Assistant Government Pleader for Irrigation and CAD in one voice would submit that the survey pertaining to Sy.Nos.615, 516 and 633, where the Palle Cheruvu is being located has been conducted by the Revenue Officials upon an application which was received to protect the said property from the illegal encroachments. In Sy.No.633, which is in the FTL zone necessary measurements have been taken and accordingly boundaries have been identified and necessary boundary stones have been installed around the said property and therefore, no encroachments have been permitted in the said area. Therefore, both the counsel would seek to pass appropriate orders. 10. In the light of the aforesaid facts and circumstances of the case, this Court without going into the merits and demerits of the case, deems it appropriate to direct the official respondents to fence the land of Palle Cheruvu, situated in Sy.Nos.615, 516 and 633 in the interest of public at large by issuing notices to all concerned and by affording them an opportunity of hearing. If the official respondents found that if any private persons are in occupation of the said lands, take appropriate action by following the due procedure, strictly in accordance with law. 11. With the above observations, this writ petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, pending, shall stand dismissed.