← Library
High Court for State of TelanganaWP/16490/2016disposed of no costs

Smt. Sureka Haran, v. The State Of Telangana - Rep. By Its Principal Secretary,

2016-05-19P Naveen Rao2 pages

HON'BLE SRI JUSTICE P.NAVEEN RAO W.P.Nos.16486, 16488 And 16490 of 2016 COMMON ORDER:

The grievance of the petitioners is that though the property mentioned in the respective writ petitions belongs to them, the Revenue and Irrigation authorities are trying to interfere with their possession and occupation and trying to erect fencing treating the land owned by the petitioners as forming part of Full Tank Level (FTL) Area of irrigation tank.

As seen from the material papers, notice dated 04-09-2015 was issued directing the persons to vacate from the lands in occupation in the survey numbers mentioned in the notice, as said lands are falling within the FTL area of Oora Cheruvu and to remove some permanent structures made. Insofar as the petitioner in WP.No.16486 of 2016 is concerned, no such notice was issued mentioning his Sy.No.45. However, he claims that though his land is in Sy.No.45, the respondent authorities are trying to interfere with possession and enjoyment of his property also.

Learned Government Pleader on instructions submits that since the lands in Sy.No.44, 45 and other survey numbers mentioned in notice dated 04-09-2015 are falling within the Full Tank Level and to protect the Oora Cheruvu, the irrigation authorities are trying to erect fencing around the tank. At this stage, learned counsel for the petitioners submits that the petitioners want to make representations to the District Collector and Executive Engineer, Irrigation Department Budda Bhavan, Hyderabad ventilating their grievance, against interference in the above mentioned lands belonging to them,

though they are private patta lands and are not within the Full Tank Level. As and when, such representations are made, the District Collector as well as Executive Engineer shall consider the same, if necessary after conducting physical inspection in the presence of the petitioners with advance notice to the petitioners and after conducting such inspection, shall pass orders as warranted by law within a period of three weeks from the date of making representations.

Accordingly, all the writ petitions are disposed of. There shall be no order as to costs.

Miscellaneous petitions pending, if any, in these writ petitions shall stand closed.

__________________ P.NAVEEN RAO,J 19-05-2016 Note:

Issue CC in three days.

B/o.

nvl