Ghanapuram Anil Kumar Vs The State of Telangana

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 Writ or direction preferably Writ of mandamus, declaring the inaction of the respondent nos.2 to 4 in taking action for restoration of the Oora cheruvu situated in Sy.no.309 of Kachikal village, Nellikuduru (M) Mahabubabad District, on the basis of representation dt.21-11-2022 except exchange of papers between the authorities as illegal, arbitrary, and violative of principles of natural .justice^{and consequently direct the respondentnos.2 to 4 to consider the} representa tio n dt.21 - 1 1 -2022 submitted by the petitioner.

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lA NO: 1 OF 2023

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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 respondent no.2 to consider and dispose of the representation dt.2111-2022 submitted by the petitioner for restoration of Oora cheruvu in Sy.no. 309 of Kachikal (v) Nellikuduru(M) Mahabubabad District, pending the disposal of writ petition, in the interest of justice.

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Counsel for the Petitioner: SRI M.V.HANUMANTHA RAO

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Counsel forthe Respondents No.1to4 : GP FOR REVENUE

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Counsel for the Respondents No.5&6 : GP FOR lRRlcATlN & CAD

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The Court made the following: ORDER

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HON,BLE SRI^{JUSTICE C.V. BHASKAR REDDY}

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WRIT PETITIO N No.26^{295 of2O23}

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ORDER:

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This writ^{petition is {ited seekingto declarethe inactionof} respondent Nos.2^{to 4 in restoring the Ooracheruvu situated in} Sy.No.309 of^{Kachikal Village, Nellikuduru Mandal'} Mahabubabad^{District,on the basis of representationdated} 2l-ll.2o22,asillegal,arbitraryandconsequentlyprayedthis Court to direct^{respondent Nos'2 to 4 toconsider the} representation^{dated21 1l} '2022'

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Considered the^{submissionsof the learned counsel for} respective^{parties and perused the record'}

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I t is stated that^{the petitioner is the resident of Kachikal} Village, Nellikuduru^{Mandal, MahabubabadDistrict' ward} member and also^{the ayacutdar of *le Oora cheruvu irrigation} tank, situated in^{Sy.No.309of Kachikal Village' It is further} stated that the^{petitioner being the ayactrtdar is entitledto} protecl the irrigation tank^{to enablethe ayacatdarsto cultivate} their lands. It is further^{stated that whenthe petitionerfound} encroachments over the^{Sikhamlands of the Oora cheruvu} irrigation^{tank,he was constrainedto fiIe a representationdated}

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r.-4

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2

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21.L1.2O22 on the file of respondent Nos.4 to 6 requesting to conduct survey and rrx the boundaries of the said oora cheruvu irrigation tank and also renovate the said tank by strengthening the bund and the embankment under the Mission Kakatiya prograrn. It is further stated that respondent No.6 has addressed a letter to respondent No.4 uid.e Lr.No.DEE/IBSD/Mah/badl4t2-t3/M, dated tZ.O4.2Ot8 requesting to cancel the patta passbooks of Sikham lands of Oora cheruvu and restoration of the Oora cheruvu tank in its full tank capacity level. The case of the petitioner is that under the program of improvement and repairs to Oora cheruvu, the Irrigation Department has prepared a report and estimated the cost of Rs.80,45,O00/ - as per the rates pre vailing in the year 2Ol4-15 and work has to be undertaken under the M,ission Kakatiya Program. The grievance of thc petitioner is that even after receiving various represen tatio ns, respondent Nos. 1 ald 2 have not implemented the said report nor removed the encroachments over the sikham lands of the Oora cheruvu and restored the tank in its tull tank capacity level.

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l,earned Assistant Government pleader for Revenue has not disputed that there is an existing tank commonly called as Oora cheruvu and irrigation work as delined under the

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3

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: 8!!y

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provisions of the Telangana Irrigation Act, 1357 fasli (for short, 'the Act, 1357'). He further submitted that it is the resfonsibility of the Irrigation Department to protect "and strengthen the tank by removing all the encroachments over the sikham lands.

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In view of the above, this Court deems it appropriate to dispose of the Writ Petition directing the respondents to examine the representation dated 2L.1L.2O22 submitted by the petitioner and take appropriate steps strictly in accordance witl the Act, 1357 and also as per the provisions of the Telangana Land Revenue Act, l3l7 fasli and restore the tank in its full tank level capacity, by removing all the encroachments over the sikham lands, under any of the schemes undertaken by the Government for repairing the tanks, within a period of six (06) months from the date of receipt of a copy of this order.

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With the above obserwations, this Writ Petition is disposed

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of. No order as to costs.

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As a sequel, the miscellaneoLls petitions pending, if any,

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shall stand closed.

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To,

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SD/.8.G. VYJAYANTHI TANT REGISTRAR //TRUE COPY// SECTION OFFICER 1. The Principal Secretary, Revenue Department Se riat,State of Telangana, Hyderabad.

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