Telangana High Court

WP/33243/2026 of Smt. Maheshwaram Rameshwaramma, Vs State of Telangana on 1 October 2026

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COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION NO: 33243 OF 2026 [ 33041 ...PETITIONERS Between: AND 1 2 Smt. Maheshwaram

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

(Special Original Jurisdiction)

THURSDAY, THE FIRST DAY OF OCTOBER

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO

WRIT PETITION NO: 33243 OF 2026

[ 33041

...PETITIONERS

Between:

AND

Smt. Maheshwaram Rameshwaramma, Wo. Satyanarayana Chary, age 71

years, Occ. Agriculture, Rio. Gundur Village, Kalwakurthy Mandal, Nagarkurnool District.

Sri Maheshwaram Anil Kumar, S/o. Satyanarayana Chary, age 49 years, Occ. Agriculture, Rio. Gundur Village, Kalwakurthy Mand'al, Nagarkurnool District.

1. State of Telangana, Rep by its Secretary, lrrigation and CAD Department, Jalasoudha Building, lrrumanzil, Hyderabad.

2. Engineer-in-Chief (Admn.), lrrigation and CAD Department, 1st Floor, Jalasoudha Building, Errum Manzil, Hyderabad.

3. Assistant Executive Engineer, lrrigation Sub Division No.1, Nagarkurnool.

4. Diskict Collector (Revenue), Nagarkurnool Diskict.

5. Tahsildar, Kalwakurthy mandal, Nagarkurnool District.

6. MENTA Parvathalu, S/o. Bheeraiah, Age Major, Occ. Agriculture, R/o. Gundur Village, Kalwakurthy Mandal.

...RESPONDENTS

Petition under Arlicle 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 an appropriate writ, order or Direction, more particularly one in the nature of mandamus declaring the impugned Lr.No./AEE/|SD11NGKU2O26-27 dated 13.07.2026 issued by the 3rd Respondent as arbitrary, unjust, violative principles of natural justice consequently setaside the same with a further direcion to the respondents not to proceed with againt the petitionr-.r in pursuace of Lr.No./AEE/|SD1lNGKLl2026-27 dated 13.07.2026 without foll,rwing due process of law

l.A. NO: 'l OF 2026

Petition under Section'151 CPC praying that in the circun stances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to dispossess the petitioners from the subject land and not to interfere with their agricultural operations or seal/remove the borewell pursuant to the impugned proceedings Lr.No./AEE/ISD1|NGKU2026-27 dated 13.07.2026 issued by the 3rd Respondent, pending disposal of the above writ petition Counsel for the Petitioners: SRI VENKATESHVARLU GUMIIIADAVELLY

Counsel for the Respondent Nos. 1 to 3: GP FOR IRRIGATI()N AND CAD

DEPARTMENT

Gounsel for the Respondent Nos.4 & 5 : GP FOR REVENUE:

Counsel for the Respondent No. 6: --

The Court made the following: ORDER

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT

HYDERABAI)

HON'BLE SRI JUSTICE NAMAVARAPU RA.'FSHWAR RAO

Dated this the lst day ofOctober 2O26

trRIT PETITION No.33243 of 2o.26

(CNR No. HBHCO1O5842L2O26!

Between:

Smt. Maheshwaram Rameshwarzunma and another

.. Petitioners

AND

The State of Teiangana, represented by its Secretary, Irrigation &

CAD Department, Hyderabad and others.

.. Respondents

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ORDER:

With the consent of both parties, the Writ Petition has been disposed of at the admission stage itself.

2. The present Writ Petition has been filed to declare the impugned Lr.No/AEE/ISD 1 /NGKL/2O26-27 dated 13.07 .2026 issued by the 3'd respondent as a-rbitrary and unjust, and consequently, set aside the same with a further direction to the respondents not to proceed against the petitioner in pursuance of the said letter dated 13.07.2026, without following due process of law.

3. Heard both sides. Perused the record

4. Brief facts of the case are that the Iirst petitioner is the owner and possessor of agriculture land Ac.7 .27 OO gls 1n different survey numbers including Sy.Nos. 157 and 158, situated at Gundur Vil1age, Kalwakurthy Mandal Nagarkurnool District and eking out her livelihood by cultivating the above said agricultural lands and except the agriculturt:, they have no other source of income to survive.

5. During month of July, 2026, sorne of tht: ofhcials lrom the 3.a respondent had visited the lirst petitioner's agricultural lalds and threatened her to close the boreweli and alleged that, she occupied some extent of Shikam Land in Sy.Nos.157 and 158 in Gundur Vil1age, Kalu,akurthy Mandal, Nagarkurnool District. The first petitioner restrained them, wht:n they forcibly tried to evict from her land. Hence, the Writ Petltion.

6. Learned counsel for the petitioner sub mits that the respondent authorities without issuing anJ, notice to the petitioners and without surveying the land, served a copy of the impugned letter dated I3.O7.2026 on the petitio-rers. The said letter was addressed to the 5th respondent, r.l'ltereunder it is stated that, they served a notice on the petitioner alleging that, she illegally encroached the sikham land in Sy.Nr. 157 and 158, Gundur Village, Kalwakurty Mandal and dug borewell inside the Government minor irrigation talk sikham. Further, requested the 6tr, respondent to deploy the revenue field sta-ff for J removing the illegal encroachments and sealing the unauthorized borewell in the government talk' 7 . Learned counsel for the petitioner further submits that the 6th respondent, in collusion with the 3rd respondent' is attempting to dispossess the petitioner from the subject land on account of political rivalry' He further submits that the impugned order does not refer to ary survey sketch' demarcation report, or revenue record demonstrating that the specific land in the petitioner's possession forms part of the 'sikham'land,asalleged'Inthecircumstances'learned counsel submits that the letter issued by the respondent authorities is illegal and unsustainable, and therefore prays that the Writ Petition be allowed' g. On the other hand, learned counsel appearing for the respondentauthoritiessubmitsthattherespondentsworrldnot interfere with the petitioners' land or seal the borewell except by following the due Process of law'

g. In view of the above submissions' if the official respondents intend to conduct a survey to ascertain whether there is any encroachment upon the subject land' they are at liberty to do so in accordance with law' However' till such exercise is completed, the offrcial respondents shall not interfere with the petitioners' possession and er5'o5rment of the subject land or with the borewell. The petitiont)rs are directed to extend their cooperation to the official rr:spondents for conducting the survey.

10. With the above directions, the Writ Petitior is disposed of. There sha1l be no order as to costs. Pending miscellaneous petitions, if anl', shall stand closed. SD/- S.M,\LLIKARJUNA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER PVL PSK To,

1. The Secretary, lrrigation and CAD Department' 'lalasoudha Building' lrrumanzil, State of Telangana, Hyderabad'

2. Engineer-in-Chief (Admn.), lrrigation and .CAD Department' 1st Floor' Jalisoudha Building, Errum Manzil,Hyderabad'

3. Assistant Executive Engineer, lrrigation Sub Division No 1' Nagarkurnool'

4. District Collector (Revenue), Nagarkurnool District'

5. Tahsildar, Kalwakurthy mandal, Nagarkurnool District'

6. One CC to SRI VENKATESHVARLU GUMMADAVELLY' Advocate [OPUC] T.TwoCCstoGPFoRlRRlGATloNANDCADDEPARTMENT,HighCourtfor The State ofTelangana, at Hyderabad IOUT] a i*o CC. to cp fbn nfVeruUE, High Court for The Sitate of Telangana, at Hyderabad IOUT]

9. Two CD CoPies @r

HIGH COURT DATED: 0111012026

ORDER

WP.No.33243 ot 2026 cc-'roDAY -==:-5\. 'r I i r-,i H rr' \. s$ ^$" s fl' o d.. DISPOSING OF THE WRIT PETITION WITHOUT COSTS ro

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