Fishermen Cooperative Society, Naregudem, represented by its President, Tedla Yadaiaha, S/o. Ramaswamy v. State of Telangana, represented by its Principal Secretary, Department of Irrigation and Command Area Development at Secretariat
2025-12-04
ANIL KUMAR JUKANTI
body2025
DigiLaw.ai
ORDER : ANIL KUMAR JUKANTI, J. This Writ Petition is filed seeking the following prayer: “…to issue a Writ or Writs, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of Respondents for not initiating action to remove the unauthorized installation of motors near Naregudem Voora Cheruvu which are erected/ installed without there being any authorization under the provisions of Telangana Irrigation Act, 1357 Fasli, as bad, arbitrary, contrary to the provisions of Telangana Irrigation Act, 1357 Fasli and also offends Arts. 14, 19 and 21 of the Constitution of India.” 2. Heard Mrs. M.Vidyavathi, learned counsel for the petitioner, Ms. S.Swathi, learned Assistant Government Pleader for Irrigation and Command Area Development appearing for respondent Nos.1, 3 to 5, Ms. Dara Haritha Kiran, learned Assistant Government Pleader for Revenue appearing for respondent Nos.2 and 9 and Mr. P. Venugopal, learned Assistant Government Pleader for Fisheries appearing for respondent No.10. 3. Learned counsel for petitioner submits that petitioner-society is a registered society bearing Regn.No.279/QFC/2002. That members of the society have an area of operation to an extent of 62 acres, surrounding what is known as Naregudem tank. That they are enjoying their fishery rights and they eke out their livelihood on fishing and sale of fish. 4. It is submitted that the villagers/farmers/ryots of Naregudem village are drawing water from the tank through pipelines laid by installing electric motors. It is further submitted that the members of the society secure water through sluices/conduces from Musi river and part of Voora Cheruvu for growth of fish in the tank. 5. It is submitted that respondent Nos.11 to 18 are using motors with 10 hp capacity (30 in number) and drawing water through pipelines, that the possibility of rearing, growing and harvesting fish in the tank is being curtailed because of the activities of unofficial respondents. It is also submitted that as per Sections 37 and 46 of Telangana Irrigation Act, 1357 Fasli, the water in the tank cannot be used without any permission. That members of society made representations on 10.08.2021, 09.12.2021, 28.10.2022 and 03.11.2025 for removal of electric motors (representations are annexed at page Nos.17, 20 and 25 to 31), but no action was taken. Hence, this writ petition. 6.
That members of society made representations on 10.08.2021, 09.12.2021, 28.10.2022 and 03.11.2025 for removal of electric motors (representations are annexed at page Nos.17, 20 and 25 to 31), but no action was taken. Hence, this writ petition. 6. On the other hand, learned Assistant Government Pleader for Irrigation and Command Area Development appearing for respondent Nos.1, 3, 4 and 5 submitted that any drawal of water from the tank has to be with the permission of concerned authorities. That illegal drawing of water is not permitted. 7. On request of this Court, learned Assistant Government Pleader for Irrigation and Command Area Development submitted an inspection report with respect to the unauthorized motors installed. 8. Learned Assistant Government Pleader for Fisheries appearing for respondent No.10 submitted that petitioner-fishermen cooperative society is a registered society and has been doing fishing activity in the tank and that they are entitled for rearing, growing and harvesting of fish in the tank. It is further submitted the drawal of water from the tank would affect the quantum of fish in the tank. It is also submitted that necessary action would be taken with the help of other authorities and that the authorities of the Fisheries Department would cooperate with the other authorities, if any action is to be initiated. 9. Heard learned counsel, perused the record and considered the submissions. 10. Petitioner is a registered cooperative society having their area of operation in an extent of 62 acres (as per the affidavit), in what is known as Naregudem tank. It is not in dispute that they have the fishing rights and that they are eking their livelihood through the fishing activity. It is the grievance of the petitioner-society that villagers, farmers have installed electric motors and have been drawing the water from the tank depleting the water levels. It is further the grievance of the petitioner- society that unauthorized drawal of water would hamper their fishing operations, as the decrease in the volume of water would affect the quantum of fish. 11.
It is further the grievance of the petitioner- society that unauthorized drawal of water would hamper their fishing operations, as the decrease in the volume of water would affect the quantum of fish. 11. It is pertinent to extract Sections 37 and 46 of the Telangana Irrigation Act, 1357 Fasli, which are as follows: “ Section 37 - Limitations in respect of Irrigation works - Except in the prescribed manner, no person other than the Irrigation Officer shall be authorized without the written order of the Government to- a) Divert or interfere with the course of a natural stream, or b) Construct a kunta or tank on any natural stream, or c) Construct any earthen or masonry bund or weir on channel or stream flowing above or below any water course. Section 46 - Unlawful letting out of water from canal - No person other than the Irrigation Officer shall be authorized to let out water from a canal or channel by cutting the bund, constructing a sluice or outlet or any other contrivance”. 12. On perusal of Sections 37 and 46 of the Telangana Irrigation Act, 1357 Fasli, it is apparent that no person shall use water without permission or except in a prescribed manner. It is apparent that it is only the irrigation officer who is authorized to let out water from a water body for any use of it. 13. In view of the Sections 37 and 46 of the Telangana Irrigation Act, 1357 Fasli, farmers are not entitled to draw the water from the tank without permission. On a request of this Court, the office of Executive Engineer for Irrigation Division, submitted an inspection report, the contents of which are as follows: “Pedda voora chervu is located in Naregudem village of Kattangur mandal of Nalgonda District. This PR tank of capacity 35 MCft. The Hydraulic Particulars of tank is as follows Name of the Tank Oora chervu/Naragedem cheruvu Village Naregudem Mandal Kattangur District Nalgonda FTL +100.00 Still Level 97.30 m Type of tank PR tank Settled ayacut 67.58 Acres Lattitude 17o 26’ 75’’ Longitude 79o 29’ 14’’ Storage capacity 9.58 Mcft The Honourable high court has made an order that the Respondents to remove the motor in peaceful manner of writ petition 34860 of 2025.
Keep in View of the above subject matter, I am here with submitting the Joint inspection report of the case in a chronological order since the inception of the issue. The Chronological order of events are as follows 1. On 24.11.2025, Executive Engineer, Division 6, GV Gudem issued Notices to the farmers who are diverting water by installed unauthorised motors and pipe lines in pedda voora chervu in Naregudem village of Kattangur Mandal and instructed to remove the motors with in one week. 2. And also, A letter from Executive Engineer, Irrigation Division 6, Gv gudem, Nalgonda is addressed to Mandal Revenue officer and Assistant Divisional Engineer, Electricity department, Narkepally on 24.11.2025 to attend the joint inspection on 01.12.2025 for removal of unauthorised motors/pipe lines installed and power supply connections on Naregudem tank. 3. On 24.11.2025, A letter from Executive Engineer, Irrigation Division 6, Gv gudem is addressed to the Deputy superintendent of police Nalgonda and Sub inspector of Police, Kattangur to participate and provide protection on 01.12.2025 during removal of Unauthorised motors installed at Naregudem tank. 4. A joint inspection conducted On 01.12.2025 with the Mandal Revenue department, Electricty Department and Police Department at Naregudem pedda voora chervu. All unauthorised Motors/Pipe lines installed are removed with the help of all line deparments. 5. As per Hon'ble High Court orders all the motors were removed in a peaceful manner on 01.12.2025 with the help of all line Departments i.e., Irrigation, Revenue, Electricity & Police Department.” 14. On a perusal of the inspection report, it is observed that motors/pipelines installed have been removed in a peaceful manner with the help of irrigation, revenue, electricity and Police Department. In view of the removal of the motors/pipelines, this Court is of the considered opinion that no further orders are necessary. It is always open for the farmers/ryots to seek permission from the concerned authorities, if required, to draw water for irrigation purposes, subject to the conditions imposed by the authorities, as water is essential for agriculture also. The petitioners are at liberty to avail the remedies under law, if there is any unauthorized drawal of water. 15. With the above observations, this writ petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, pending, shall stand dismissed.