Telangana High Court

WP/36937/2024 of Gaddam Deekshitha Vs State of Telangana on 31 December 2024

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTY FIRST DAY OF DECEIMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION NO: 36937 OF 2024 Between: Gaddam Deekshitha, D/o. Gaddam Ram Mohan Reddy,

[ [32e6 ]]

HIGH COURT FOR THE STATE [OF ][TELANGANA AT ][HYDERABAD](Special Original Jurisdiction)

TUESDAY, THE THIRTY [FIRST ][DAY ][OF ][DECEIMBER]TWO THOUSAND AND TWENTY [FOUR]

PRESENT

THE HONOURABLE SRI JUSTICE [C.V. ][BHASKAR ][REDDY]

WRIT PETITION NO: 36937 OF 2024

Between:

Gaddam Deekshitha, D/o. Gaddam [Ram Mohan Reddy, Rep.by her father]and GPA holder Sri. Gaddam [Ram ][Mohan ][Reddy, ][S/o. ][Chandra ][Reddy,]Hindu, Aged about 51 [years, ][Permanent ][resident ][of ][H.No.4-98, ][[t'4ain ][road,]Near ['Fly" ]Bridge, Barlkath [Gudem, ][Munagala ][Mandal, qYryapet ][Dist]Presently residi-ng at Villa No.227, [Sadashiva Heavens, Pedda ][Amberpet']Hayatnagar l\4andal, Hyderabad, [TS.]

...PETITIONER

AND

1State of Telangana, Rep.by [it ][s ][Principal Secretary ][- ][lrrigation, ][Secretariat,]Hyderabad.Hyderabad.

ZThe Executive Engineer, [I ]and CADD, [lrrigation Division' No.2' T.Thirumalgiri,]Shaligowraram, Nalgonda District.Shaligowraram, Nalgonda District.

3The Assistant Executive [Engineer, lrrigation Section, ][Shaligouraram,]Nalgonda District.Nalgonda District.

The District Fisheries Officer, [Nalgonda ][District.]

The Tahsildar, Shaligowraram [Mandal, Nalgonda ][District-]

..,RESPONDENTS

Petition under Article 226 of [lhe ][Constitution ][of ][India ][praying ][that ][in ][the]circumstances stated in the [affidavit ][filed ][therewith, ][the ][High Court ][may ][be]pleased to issue a Writ of Mandamus, or any [other ][appropriate ][writ' ][order ][or]direction, declaring the action of [the ]3rd [Respondent ][in ][issuing Notice ][No.]AEE/Notice/Shaligowraram, dated [1211212024 ][directing ][the ][Petitioner ][to ][remove]the mud beds laid in the Fish [Tanks ][situated ][in ][Sy.Nos.77 ][and ][79 ][of]Perikakondaram Village, shaligowraram [lrilandal, Nalgonda ][District, ][as ][illegal,]arbitrary and u nconstitutional and [set ][aside the ][same.]

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IA NO: 1 OF 2024

Petition under section 151 cpc praying that in the circumstances statedin the affidavit filed in support of the petition, the High court may be pleased togrant interim suspension of the Notice No. AEE/Notice/ Sharigowraram, dated1211212024 issued by the 3rd Respondent directing the petitioner to remove themud beds laid in the Fish ranks situated in sy.Nos.77 and 79 of perikakondaramVillage, Shaligowraram lvlandal, Nalgonda District, pending disposal of the abovewrit petition.

Counsel for the Petitioner: SRI THOOM SRINIVAS

Counsel for the Respondent No.1 to 3: Gp FOR IRRI AND COMM AREA DEV

Counsel for the Respondent No.4: Gp FOR FISHERIES

Counsel for the Respondent No.5: Gp FOR REVENUE

The Court made the following: ORDER

THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY

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ORDER:

WRIT PETITION No.36937 of 2024

This Writ Petition is filed seeking to declare the action ofrespondent No.3 in issuing Notice No.AEE/Notice/ Shaligowraram,dated 12.12.2024 directing the petitioner to remove the mud bedslaid in the Fish Tanks situated in Sy.Nos.77 ar.d 79 ofPerikakondaram Village, Shaligowraram mandal, NalgondaDistrict, as illegal and arbitrary.

2. Considered the submissions of the learned counsel for therespective parties and with their consent this writ petition1Sdisposed of at the admission stage

3. It is stated that the petitioner is the pattadar and possessorof land admeasuring Ac.2O. 1O gts., in Sy.Nos.77, 78, 79, 85, 86,148 & 149, situated at Perikakondaram Village, Shaligowrarammandal, Nalgonda District. It is further stated that the petitionerhas obtained all necessary permissions from the FisheriesDepartment and Revenue Department for construction of new FishGrow out Ponds.

4. Learned counsel for the petitioner has vehemently contendedthat as per the rules framed under the Telalgana Land Revenue

Act, 1317 fasli [(for ][short, ][the Act' ][1317') ][and ][the ][Telangana]Irrigation Act, [1357 ][fasli, ][(for ][short, ]['the ][Act' ][1357J ][the ][pattadars]are permitted [for ][construction ][of tanks ][for utilizing ][the water ][for]irrigation. [However, respondent ][No'3' ][without taking ][into]considerationoftherightandentitlementofthepattadarstocultivate [the fish ][tanks ][from ][the ][irrigation ][source' ][has ][issued]Notice [No.AEE/ ][Notice/ ][Shaligowraram' ][dated' ][L2'12'2024 ][stating]that cultivating [aqua ][Iish culture ][would ][cause ][inconvenience to the]ayacutdars [and ][objections ][are ][being ][received ][from ][the ][adjacent]and [therefore, directed ][to ][remove ][the same' ][Learned]pattadars counsel further [stated ][the ][petitioner ][has ][obtained ][all ][necessary]permissions [and ][carrying ][out ][business of aqua ][culture ][by dividing]the tank into [parts and by ][taking all ][the precautions ][to prevent ][the]pollution arising [out ][of aqua ][culture, ][as ][such' the ][respondent No'3]is not having [any ][power ][to ][issue ][impugned ][notice ][dated]12.r2.2024

5. Learned [Assistant ][Government Pleader ][for ][Irrigation ][and]Commald [Area Development ][submits ][that ][the ][petitioner ][instead ][of]the [private ][tanks for the ][purpose of ][cultivation ][of ][lands' ][is]using inconvenience [for ][free ][flow ][of ][the water ][to ][the ][nearby]causing project, whereby, [the ][other ][pattadars ][are ][being suffered' ][more]parlicularly, during [the ][harvesting ][season']

cvBR,-Jwp_36937-2024

6. In view of the above, there is no dispute that under theprovisions of the Act, 1317 and the Act, 1357, the pattadars arepermitted for construction of the Irrigation tanks after obtainingnecessary permissions from the Government. However, this Courtis of the opinion that ends of justice would be met if the writpetition is disposed of by permitting the petitioner to submitexplanation to the impugned notice enclosing a-11 the documentsstating that there is no obstruction of free flow of the water andcultivation of aqua culture is not causing obstruction to theneellasamudram tank and the petitioner has not encroached thetank embankment of neellasamudram tank. In the event of suchexplanation being submitted, the respondents are directed toconsider the same and if it is found that there is no obstruction forfree flow of the water of the aqua culture and any of the action ofthe petitioner is not causing obstruction to the embankment of theneellasamudram tank and if the petitioner has not violated any ofthe Act, 1357 and Rules made thereunder, the respondents aredirected to consider the explanation submitted by the petitionerand if the petitioner is otherwise not eligible, pass a reasoned orderwithin a period of two (O2) weeks from the date of receipt of thecopy of the order. Till such time, the respondents are directed notto take any coercive action against the petitioner.

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cvBR, J

wp 36937 _2024

7With the above directions, this Writ petition is disposed of.There shall be no order as to costs.There shall be no order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pendingshall stand closed SD/. K. AMMAJIASSIANT REGISTRAR

,TRUE COPY//

t

I;ECTION OFFICER

To,

1. The Principal Secretarylrrigation, SecretarTelangana.Telangana.

Hyderabad, State of

2. The Executive Engineer, I and CADD, lrrigation Division, No.2, T.Thirumalgiri,Shaligowraram, Nalgonda District.Shaligowraram, Nalgonda District.

3. The Assistant Executive Engineer, lrrigation Section, Shaligouraram,Nalgonda District.Nalgonda District.

4. The District Fisheries Officer, Nalgonda District.

5. The Tahsildar, Shaligowraram Mandal, Nalgonda District.

6. One CC to SRI THOOM SRINIVAS, Advocate [OPUC]

7. Two CCs to GP FOR lRRl AND COMM AREA DEV, High Court for the Stateof Telangana at Hyderabad [OUT]of Telangana at Hyderabad [OUT]

8. Two CCs to GP FOR FISHERIES, High Court for the State of Telangana atHyderabad [OUT]Hyderabad [OUT]

9. Two CCs to GP FOR REVENUE, High Court for the State of Telangana atHyderabad [OUT]Hyderabad [OUT]

10. Two CD CopiesBSR

GJP Yr

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HIGH COURT

DATED: 3111212024

ia [;qTA ][r€](Ig2 Ji1i ?[t5c,ORDER*.,1..WP.No.36937 of 2024--.).,,-.-i DISPOSING OF THE WRIT PETITION, WITHOUT COSTS

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