WP/36562/2021 of Smt. Rachana Loya Vs The State of Telagana on 31 December 2021

ORDER:

THE HON'BLE SRI JUSTICE T.VINOD KUMAR

WRIT PETITION No.36562 of 2021

This Writ Petition is flled to declare the action of respondent [Nos.2]and 3 in trying to dispossess the [petitioners ]from their [patta ][lands ][situated]in survey Nos.43l1, 4411 and 46ll of Kannala Village, Bellampally Mandal,Mancherial District, as being illegal and arbitrary.

2. Heard learned counsel for the [petitioners,' ]learned GovernmentPleader for Irrigation appearing for respondent Nos.l and 2 and [learned]Government Pleader for Revenue appearing for respondent [No.3 and with]their consent, the matter is taken up for hearing and disposal at [the ][stage]of admission itself.

3. Petitioners contend that they are the [pattadars ]of [land]admeasuring Acs.3.33 [guntas ]and Acs.2.03 [guntas situated ]in [survey]Nos.43l1, 44ll and 4611 of Kannala Village, Bellampally [Mandal,]Mancherial District, respectively, and are undeftaking agricultural activitiesthereln; that the respondents, in [particular ]respondent [No.2, ][without ][any]basis has issued impugned [proceeding ]dt.17.12.2021 alleqing [that ][the]petitioners have dumped the gravel in the Full Tank Level (FTL) area andlevelled the area of the land of Errakunta @ Kannala Village, [Bellampally]Mandal, merely based on the complaints stated to have been receivedfrom public, without verifying the correctness of the same, and directedthe petitioners to remove the dumped soil/gravel in the [FTL ]area [within ][24]hours, failing which, necessary action would be initiated.

4. It is also contended [that ][the ][petitioners ][were ][only ][undertaking]leveling of the land [for ][undetaking ][agricultural activities and ][for the ][said]purpose, have dumped soil, and [the ][respondents, ][without ][mentioning ][as]to What is the [Spread ][of ][the ][Errakunta and ][the ][FTL ][area, ][have ][stated ][that]thepetitionershavebreachedthebundbydumpingthesoil.It|Salsofufther stated that [the ][joint ][survey stated ][to ][have been conducted by the]respondents, along [with ][the ][Revenue Department ][and ][the ][Irrigation]Departmenton16.T2.202l,wasbehindthebackofthepetitioners,asnonotice was [given to ][them, ][while determining ][the ][FTL']

5. Per contra, learned [Government Pleader ][has ][placed ][before ][this]Court a copy of [the ][written ][instructions under ][the ][signature ][of ][respondent]No.2, dated 30.12.2021. [The ][same ][is ][taken on record']

6, By the said [written ][instructions, ][it ][is ][stated ][that ][Errakunta ][was]constructed long [back ][with a ][settled ayacut ][of ][Acs'60'00 and ][the ][water]spreadareaofthetanklsAcs,ll.60guntas(FTL)andthesaidtankwastransferred [from ][Panchayat ][Raj Depaftment ][to ][Irrigation ][Department ][in]the [year ]2005, [for ][its ][maintenance, ][and ][presently, ][the tank is ][under the]control of Irrigation [Department']

7. By the said written [instructions, ][it ][is also ][stated ][that ][the ][husband ][of]the 1't [petitioner had ][made ][attempts ][to ][breach ][the ][bund in ][the ][year ][2018]by dismantling [the ][weir ][portion ][of ][the ][tank, ][upon ][which, ][the ][respondents]had taken necessary [action ][and ][made ][a ][complaint ][to the ][Station ][House]Officer, Talla [Gurijala ][Police ][Station, ][Bellampally, ][and ][requested ][to]conduct a detailed [enquiry, ][upon which, a ][case ][was registered against the]husband of the [1't ][petitioner' ][After ][keeping ][quiet ][for ][some ][time' ][the]husbandofthel.tpetitionerhasonceagainstartedtheactivityof I

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dumping [gravel ]in the FTL area by carting it from Pavurala Gutta whileundeftaking leveling of the FTL area, thereby affecting the FTL.

B. It is also stated in the written instructions that upon coming toknow of the said activity undertaken by the husband of the lst petitioner,the respondents have conducted a [joint ]survey on 16.72,2021 and foundthat the husband of the 1st petitioner has encroached into the FTL area inSurvey Nos.43, 44 and 46 of Kannala Village of Bellampally Mandal bydumping the gravel therein and accordingly, issued the impugned noticeto remove the dumped soil.

9. Thus, it is contended that the claim of the petitioners that they areonly leveling their patta land for undertaking agricultural activity is notgenuine and bona fide, as the 1* petitioner's husband was continuouslytrying to breach the bund of Errakunta by undertaking leveling activity incontravention of the guidelines framed to protect lakes by the LakeProtection Committee.

10. I have taken note of the above said submissions advanced by thelearned counsel appearing for the parties.

11. Firstly, it is to be seen that the impugned notice dt.17.12.2021, asissued by the 2nd respondent, is addressed to the husband of the 1'tpetitioner and not to the petitioners directly by themselves. By the saidletter, the 2nd respondent had directed the husband of the 1't petitioner toremove the gravel that has been dumped by the said person in the FTLarea. Thus, the notice that is issued is not directly to the petitioners andtheir apprehension that the respondents would dispossess the petitionersis ill-founded. Further, it is also to be seen that the husband of the 1'tpetitioner, upon being served with impugned notice, has submitted explanation thereto on 21.12.2A2. It is for the authorities to consider thesaid explanation offered and pass appropriate orders in accordance withlaw. It is made clear that if the authorities so require, they are free toconduct a [joint ]survey by giving notice to the [petitioners, ]who claim to bethe [pattadars ]of the land, for fixing the FTL limit to ensure that noencroachment is made in future. It is also made clear that upon suchfixation of FTL limit, if it is found that the noticee, who is the husband ofthe 1st [petitioner, ]appears to have dumped [gravel ]in the FTL, therespondents authorities are free to take appropriate action to have thesame removed to restore original FTL area as [per ]the records and alsotake any action as contemplated under the law against such [person]entering into FTL area and flouting the [guidelines ]framed for [protection ]oflakes.

12. Subject to the above observations and directions, the Writ Petitionis disposed of.is disposed of.

13. Pending miscellaneous [petitions, ]if any, shall stand closed [in ]the light of this final order. No order as to costs, SD/- MOHD. SANAULLAH ANSARIASSISTANT REGISTRAR,TRUE COPY/I ';SECTION OFFICER

To,

1. The Principal Secretary, lrrigation [Department, State ][of ][Telagana, ][Secretariat,]Hyderabad.Hyderabad.

2. The Deputy Executive Engineer, [lrrigation and CADD, lrrigation ][Sub division]No.2, Bellampally, Mancherial District.No.2, Bellampally, Mancherial District.

3. The Tahsildar, Bellampally [IVlandal, ][Ivlancherial District.]

4. One CC to SRl. K.V. BHANU PRASADiAdvocate [OPUC]

5. Two CCs to GP FOR lRRl [AND ][COTVIr/ ][AREA ][DEV.,High Court for ][the State ][of]Telangana. [OUT]Telangana. [OUT]

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

7. Two CD copies.

8. One spare copy.

,GBE-/A'

DATED:31 11212021

ORDERWP.No.36562 of 2021

DISPOSING OF THE WP.

WITHOUT COSTS.

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