Telangana High Court
WP/29332/2025 of Thotla Komuravva Vs The State of Telangana on 24 September 2025
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENW FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENry FIVE PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN WRIT PETITION NO: 29332 OF 2025 Between: 1. Thotla Komurawa, W/o: T.Komaraiah, Aged
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
(Special Original Jurisdiction)
WEDNESDAY, THE TWENW FOURTH DAY OF SEPTEMBER
TWO THOUSAND AND TWENry FIVE
PRESENT
THE HONOURABLE SRI JUSTICE K.LAKSHMAN
WRIT PETITION NO: 29332 OF 2025
Between:
1. Thotla Komurawa, W/o: T.Komaraiah, Aged about 50 Years, Occ. Housewife and Agriculture, Fi/at H.No.6-38/ 1, Arepalli, Husnabad Mandal, Siddipet District.
2. Thotla Srinivas, S/o: T.Komaraiah, Aged about 28 Years, Occ. Agriculture, R/at H.No.6-38/ 1, Arepalli, Husnabad Mandal, Siddipet District.
...PETITIONERS
AND
The State of Telangana, Represented by its Principal Secretary, lrrigation and Command Area Development Department, Secretariat, Hyderabad.
The District Collector, Siddipet District.
The Tahsildar, Husnabad Mandal, Siddipet District.
The Husnabad Municipality, Reprcsented by its Commissioner, Siddipet District.
The Executive Engineer, lnigation Division, Husnabad, Siddipet District, Telangana.
The Assistant Executive Engineer, lrrigation Subdivision No.4, Husnabad, Siddipet District.
The Deputy Executive Engineer, lnigation Sub{ivision No.4, Husnabad, Siddipet District.
...RESPONDENTS
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 an appropriate writ, order or direction, rnore particularly, one in the nature of Writ of Mandamus declaring the impugned action of the Respondent Authorities herein in resorting/attempting to construct a SMASHANAVATIKA (Graveyardi Burial Ground) by encroaching the Husnabad z
!+!@
Palle-Cherevu / Lake, situated at Husnabad Village and ManCi which is adlacent to the Petitioners Private Patta Lands arbitrary, illegal, without jurisdiction, vitiated by abuse of powt-'
in gross violation of principles of natural justice and contrary I
the Municipalities Act, 2019 and the provisions of The Telarrl and Trees Act, 2OO2 as well as Environment Protecti':
consequently, be pleased to. a. Direct the Respondent encroach the Husnabad Palle-Cherevu / Lake situated at Hus Mandal, Siddipet District, b. Direct the Respondent Authoriti€
constructions more particularly, construction of a iS
(Graveyard/Burial Ground) in the Husnabad Lake / Palle-C;l Husnabad Village and Mandal, Siddipet District'
l, Siddipet District,
in Sy.No.900, as
s apart from being
> the provisions of
ana Water, Lands
r Act, 1986 and
\uthorities not to
r.abad Village and
s not to make any
VIASHANAVATIKA
erevu, situated at
A NO: 1 OF 2025
Petition under section 151 CPC praying that in the cil lumstances stated in the affidavit filed in support of the writ petition, the High cr: trt may be pleased to direct the Respondent Authorities not to make any ( onstructions more particularly, construction of a SMASHANAVATIKA (Graveyar l/Burial Ground) in the Husnabad Lake / Palle-cherevu, situated at Husnabad \ illage and Mandal, Siddipet District, which is adjacent to the Petitioners Pri!i te Patta Lands in Sy.No.900, pending final disposal of the above Writ Petition.
Counsel for the Petitioners: SRI ATLA ABHINANDHAN REDI Y
Counsel for the Respondent Nos.1,5,6 and 7: SRI LAXMALT/ ' SANDEEP
AGP FOR iRRI AND COMM ARE DE VELOPMENT
Counsel for the Respondent Nos.2 and 3: SRI L. RAVINDER'
AGP FOR REVENIJ:
Counsel for the Respondent No.4: SRI PUTTA KRISHNA REt DY'
SC FOR MUNICIPALITY
The Court made the following: ORDER
EttEElr
THE HON'BLE SRI JUSTICE K. LAKSHMAN
WRIT PETITION No.29332 of 2025
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ORAL ORDER:
Heard learned counsel for the petitioners, Mr.L.Ravinder, leamed Assistant Government Pleader for Revenue, Mr.Laxmalla Sandeep, leamed Assistant Government Pleader for Irrigation and Command Area Development and Mr.Putta Krishna Reddy, leamed Standing Counsel for respondent No.4.
2. Petitioners herein are claiming that petitioner No.l is the absolute owner and possessor of land admeasuring Ac.0.30 guntas in Sy.No.900l2ll and Ac.0.30 guntas ln Sy.No.900/l/2 and petitioner No.2 is the absolute owner and possessor of land admeasuring Acs.3.12 guntas tn Sy.No.900/2/4, situated at Husnabad Village and Mandal, Siddipet District. According to them, respondent Nos.2 to 7 are proceeding with construction of grave yard in the land adjacent to the petitioners' land by encroaching Husnabad
Palle Cheruvu, situated in the very same villi ge, without following due procedure laid down under law.
3. Learned Assistant Govemment Pleader i r Irrigation and Command Area Development has prodl:ed written instructions of Deputy Executive Engineer, Irril ;ation, Sub- Division No.2, Husnabad, Siddipet District, wh:rein it was stated as follows: "The petitioner vide Para No.9 had mentiorrr the action of the Respondent authorities resorting/ attempting to construc "SMASHANAVATIKA" (Grave yard encroaching the Husnabad Cheruvu/ [,ake lii at Husnabad Village, Husnabad Mandal, Si District is in totally illegal and impermisr; law. The lrrigation Ofhcials have r permitted nor attempted constructio: SMASHANAVATIKA" (Grave yard) encroaching the Husnabad Cheruvu/take s;i at Husnabad Village, Husnabad Mandal, Si District and no such proposals or No Ot,j Certificate were not issued by Irrigation Cl till date. Furthcr, the Petitioner in Para No. l0 had r,: that l{usnabad Cheruvu also supplies wate- Agriculture lands located in and around t t Husnabad Cheruvu thereby helping in agric activities. Moreover, thc Husnabad Chen made up ol btack soil and in the event Respondent Authorities attempt to cons:t gravelrard, the same w,ould result l d that lerem a by :uated ldipet rle in either of by .uated tdipet :ction icials rorted to the : said rlture vu is f the uct a evere F'
consequences. The Feeder Channel from Yellamma Cheruvu, Husnabad Village which supplies water to Palle Cheruvu Husnabad village and the Irrigation Ofhcials have not permitted and not issued No Objection Certificate for the construction of SMASHANAVATIKA" (Grave yard) in and around Feeder Channel as per Irrigation Act, I357 Fasil." The said written instructions are placed on record.
4. In the light of the same and since the grievance of the petitioners is redressed, this Writ Petition is closed. Miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs. SD L.VIJAYA LAKSHMI s TANT REGISTRA /ITRUE COPY// S TION OFFICER '1 . One CC to Sri Atla Abhinandhan Reddy, Advocate [OPUC]
2. fwo CCs to GP for lrrigation And Command Area Development ,High Court for the State of Telangana, at Hyderabad [OUTI
3. Two CCs to The GP for Revenue, High Court for the State of Telangana, at HyderabadlOUTl 4 One CC to Sri Putta Krishna Reddy, SC for Municipality[OPucI
5. Two CD Copies To, TJ dlL
HIGH COURT DATED:2410912025
ORDER
WP.No.29332 ot 2025 CLOSING THE WRIT PETITION WITHOUT COSTS :- 5lri/1: i 2 JAN 2ti26 L , 7_ ,.) (:_j L) ]r t t1l cre .\rW l(