Mohd. Asadullah Khan Vs The State of Telangana

!1qq, Abhilash, s/o Laxman, .a.ged. ab^out 32 yearc. Occ. private emplcyee, r /o H.No.1-9, Pyaramur Viilage. Mindat sarangjpur, biiirict r.rimrJr^{""r,,rvrvv!'v}

¶11

Togeti Narsimha Chary, s/o.Lachanna, Ag_ed about 45 years, occ. Agriculture, r/o H.No.3-18. Japprafur vilage, IMindat^{-slnJl6L-tri"t} ruir."l.

¶12

IViza Rafeeq Afrmed Bqrg, q/o lVirza lvlahamood Baig, Aged about 57 years, occ Business, r/o H.No.6- j -65, chintakuntawioa, trtirriat, District Nirmal.'^{-- -'}

¶13

Mirza Nazeer Ahmed Bqrg, glo Mirza Mahamood Baig, Aged about 61 vears. occ. Business, r/o H.No.6-i_65, Chintakuntawioi, Niiijir,Uiifi;"il;;ri""'''

¶14

6 la.qh[O-a!a Laxmi, w/o Bhojanna, _Aged about 66 years, occ. Agriculture, r/o H. No.9-95, Gand hi chowk, 6oath, t\rta"ndai eoiin. bistrict Ad ilabai.

¶15

Ettam_Veena, w/o Ettam Ravi, aged about 40 years, Occ. House wife, r/o H.No.2-7, lr/anjulapur, Nirmal, Distiict Nirm;i.^- '-

¶16

B- s sudhakar, s/o Ramuru, aged about 62 years, occ. Retired Govt. emorovee. r/o H. No.4- 1'1 4/5, Ramnagai tocality, oairiafui, Ajiiioiii'b],

¶17

Nukala Chinnamma, w/o t\rlallaiah, aged about 6g years, Occ. Retired Teacher, rlo H.No.2-4-4011 , Brahmapuri,"f.f innaf ,-Oistrict Nirmal.

¶18

1O.Abdul Saleem, s/o Abd,u.l .\q="g,aged about 56 yrs, Occ. Business, r/o Market area, Nirmal, District Nirmai.

¶19

1 1. Yeshwanth Kumar, s/o _^{tate Rajaiah, Aged about34, years,} occ.^private gmployee, r/o H.No.10-19/9, Venkateswira colony, Rrm5or ffrf'anOri, Oislriti Nizamabad.

¶20

12.Yeer.uba Patel, s/o Laxman pa]el, Aged about 65 years, occ. Retired employee, r/o Bamini (B) viilage, Mandatkuntali, Ciistrict haitaOaO.^{-'-- --}

¶21

...PETITIONERS

¶22

AND

¶23

The State of Telanoana. represented.by its principle Secretary, Revenue Department, Telangaina Secretariat, tiyOeiaOiO.^{" "'"'}

¶24

2 The District Collector, Nirmal, District Nirmal.

¶25

The chief commissioner^{of LandAdministration,State of Telangana,} Nampally station road,^{Abids, Hyderabad.}

¶26

The Revenue Drvisional^{Officer, Nirmal, District Nirmal'}

¶27

The Tahsildar,^{Nirmal,(Rural), DistrictNirmal.}

¶28

The Assistant^{Director,Surveyand Land Records, Nirmal, DistrictNirmal.}

¶29

7' The Superintending^{Engineer, lrrigationl& C.A'D.D, Nirmal, District Nirmal'}

¶30

Town Municipality,^{Nirmal,rep by its Commissioner, District Nirmal'}

¶31

...RESPONDENTS

¶32

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 pass an order,^{or orders, directionor issue a writmoreparticularlyone} in the nature of^writ of^{[r/andamus(i) declaringthe action of respondentsin} encroaching the^{residential plotsof the petitioners herein bear,ngNos. 29, 30, 33,} 02,6and7,35,34,51.35/1,48.49,16/l,situatedinSyNc''1370,1371,1372' 1373 of Venkatapur^{village, Revenue Mandal Nirmal, Distriot Nirmal, presently} under the territorial^{limitsof Municipality Nirmaland extensively damaging the} said plots by digging^{trench and erecting cement poles, in order to create the new} boundary to the^{Kasar Tank is illegal, arbitrary, violativeof Article 14, 21, 300-A of} the constitution of lndia,^{(ii) Direct the respondentsherein tc give the peaceful} possession of the sard^plots to the^{petitionersby removing the cement poles (iii)} Direct the respondents^{herein to pay the compensationof Rs.10,00,0001to the} each petitioner for the^{said encroachmentand causingextensive damageto the} plots of petitioners.

¶33

lA NO: 1 OF 2022

¶34

Petition under Section^{151 CPC praying that in the circumstances} stated in the affidavit^{filedin supportof the petition,the High Court maybe} pleased to direct the respondents^{hereinto give peacelul possession of the} residential^plots of the^{petitioners herein bearing Nos.29, 30, 33, 02, 6 and} 7, 35, 34, 51, 351 1,^{48, 49, 16t 1, situatedin Sy.No.1 370, 137 1, 1372'1373} of Venkatapur village,^{Revenue lMandalNirmal, District Nirmal,presently} under the territorial^{limitsof IVlunicipalityNirmal by removingthe cement} poles which were illegally encroached by the respondents^{by creatinga}

¶35

new boundary to Kasar Tank, pending disposal of main W.p. in the lnterest of Justice

¶36

Counsel for the^petitioner : SRI S.CHANDRASEKHAR

¶37

Counsel for the Respondents No.1to6: ASST. Gp FOR REVENUE

¶38

Counsel for the Respondents No.7 : AGp FOR IRRIGATION

¶39

The Court made the following: ORDER

¶40

-/a

¶41

THE HONOURABLE^{SRI JUSTICEE.V.VENUGOPAL}

¶42

WRIT PEf,ITION^{No.29464 of 2o22}

¶43

ORDER:

¶44

This writ petition^{is filed with the followingprayer:}

¶45

"to issue^a ttnt, more^{particulartg inthe nature ofWnt of} Mandamus

¶46

fi.l d.eclarinq the^{action of respondentsinencroachingthe} '"' ,itia,rniiot^{plots of the petitionersherein beaingNos'29' 3o'} ss, 02, 6 &^{z, ss, s4: sl, ss/1, 48, 49, 16/:,situated in}

¶47

Suruey Nos.1370,^{1371, 1372, 1373 of VenkatapurVillage'} Ninruil Reuenue^{Mandal, Nirmat Distict, presentlg underthe} territonrs,l timits^{of Nirmal Municipolitg ondextensiuety} domaging tlrc^{said plotsbg digging trenchand erecting} ""meit^{iotes, in order to create the neutboundary to the} Kasar'liank is^{ittegal,arbitrary, uiolatiue of Articles14' 21}

¶48

and llOO-A of^{the Constitrttion of India,}

¶49

(ir) direct the respondents^{hereln to giue the peaceJi-rlpossession} of the soid^{plots to the petitioners by remoutng the cement} Po[es,

¶50

(iir) direct the^{respond.entsherein to paA compensotionof} Rs.1O,0O'0OO/^{j to each petitioner} for^{the saidencroachment} and causing^{ertensioe damageto the ptots of petitioners} heretn,

¶51

(iu) and to^{pass ang such- other order /orders as this Court matl} deent fit and-^{proper in the ciratm'stances of thecase'}

¶52

2.Heardiearnedcounselforthepetitioners,learnedAssistalt Government^{Pleader for Revenue appea-ring for respondentNos'1} to 6 and learned^{AssistantGovernment Pleaderfor Irrigation} appearing^{for resPondentNo.7.}

¶53

3.Learnedcounselforthepetitioners\rouldsubmitthatthe petitioners are the^{bonafide purchasersof plot Nos'29} '^{30' 33'} 02, 6 arrd 7,35,34,51,35/L,48,49,^{16/1 situatedin Survey}

¶54

2

¶55

Nos.i370, 1371, 1322 and 1373 of Venkatapur Village, Nirmal Revenue Mandal, Nirmal District. The said plots were formed as a layout pursuant to the permission granted by Gram panchayat, Venkatapur, on payment of legal consideration. As such, the petitioners are in peaceful possession and enjoyment of the subject plots. Learned counsel would contend that the grievance of the petitioners arises on account of the action of the respondents in conducting survey operations in Survey Nos.1370, 137I, 1322, 1373 to fix the boundaries of the Kasra Tank, which falis within the limits of Nirmal District.

¶56

4 . It is further submitted that the petitioners have been in possession of their respective plots for nearly 35 years under the said layout permission granted by the Gram panchayat, Venkatapur. For regulari zation of their plots, the petitioners have also taken necessar5z steps and rely upon mutation proceedings issued by the Tahsildar in Survey No.1372, dated 18.02.2005, in favour of Samunderpally pothanna and Samunderpally Rajanna through their GpA holder, Mr. Prabhakar. The petitioners had eariier made an application dated 01 . 10 .2O2O to the Assistant Director, Survey and Land Records, Nirmat District, by paying the requisite fee, requesting survey of their plots. However, no action was taken on their application. Instead, the sait-! lalds were surveyed in their

='4

...-::rit..:1i,

3

absence and boundaries^{were fixed with referenceto the Kasra} Tank. The petitioners^{also contend that their applications for} regularization are still^{pendingbeforethe Government'Learned} counsel further^{points to} a communication^uide Lr.No.F3/30712021^{addressed byrespondent No'2 tothe} Municipal Commissioner,^{Nirmal,highlightir-rg theiliegal} interference by^{the AssistantDirector,Survey&' Land Records'} and requesting^{necessary action.}

¶61

On the other hand,^{learned AssistantGovernmentPleader} for Irrigation strongly^{contendedthat the subject lands fal1 $'ithin} the Full Tank^{Level (FTL)limits of Kasra TankAccordingly, a} SurveywasconductedbyrespondentNo.Twiththeassistantof respondent No.6, and^{boundarieswere fixed to protect the FTL} area. It is submitted^{that fencing is yet to be undertaken'It is} their case that lands^{falling within the water body and FTL} cannot be claimed^{as residential plots, and any applications for} regularization do not^{confer such rights.It is furthercontended} that habitations within^{FTL are unsaJe and impermissible'}

¶62

Learned Assistant^{GovernmentPleader for Revenueadopted} the submissions made by^{learned Assistant Gol'ernmentPleader} for Irrigation

I

4

'.i^.

7 . Having considered the submissions of both sides, this Court, without going into the merits of the re spective claims, is of the view that since the petitioners, application dated OI.lO.2O2O has been accepted, the same requires consideration on merits. Accordingly, it is directed that while conducting survey operations, the respondent No.6 shall cause prior notice to all concerned, including the petitioners, the respondents and other adjacent land owners, ald carry out the survey _in accordance with law. The respondents a-re further directed to maintain the Full Tank Level (FTL) boundaries, along with the adjoining buffer zone, in the interest of public safety. They shall also take necessaq/ steps to protect the lake by removing illegat encroachments, strictly in accordance with due process and as contemplated under the law. This entire exercise sha1l be completed as expeditiously as possible, preferably within a period of six months from the date of this order. It is however, made ciear that the FTL boundaries, as the buffer zone thereto, being vital for public safety, sharl not be disturbed under any crrcumstances.

¶67

With the above directions, the writ petition is disposed of, directing the authorities concerned to complete the exercise expeditiously, strictly in accordalce with law. No order as to costs.

¶68

5

¶69

I {

¶70

Asa sequel thereto,^{miscelianeousapplications, ifany}

¶71

pending, sha-ll stand^closed.

¶72

//TRUE COPY//

¶73

SD/.M. OSMAN^{ALI BAIG} ASSISTANT^REGISTRAR