M.S. Ramachandra Rao, J.

Heard the counsel for Writ Petitioner, the learned Government Pleader for Irrigation, for respondent nos. 1, 4 and 5; and Sri V. Narasimha Goud, learned Standing Counsel for Hyderabad Metropolitan Development Authority, for respondent nos. 2 and 3.

WP No. 773 of 2016 :

2. The petitioner is the owner of the subject land and it had executed an agreement of sale-cum-General Power of Attorney in favour of one V.K. Bhatt who is the deponent of the affidavit filed in support of the Writ Petition in respect of an extent of land Acs. 3.27 guntas in Survey No. 189 Part of Kondapur Village, Serilingampally Mandal, Ranga Reddy District.

3. The petitioner contends that the Executive Engineer of the Irrigation and Command Area Development, I.B. Division, Hyderabad, at the instance of the deponent had got conducted a survey through the Mandal Surveyor, Office of the Mandal Revenue Officer of the Serilingampally along with the Assistant Engineer of the Irrigation Department, and fixed the Full Tank Level (F.T.L.) pillars of the minor irrigation source of Kudikunta Sikham which is in Survey No. 189; that on 21.12.2006, the said Official had addressed a letter No. HD/2006/2007/1551 to the deponent stating that the land purchased by the deponent would not come within the F.T.L. Zone of the said minor irrigation source; and in spite of the same, the respondents are erecting fencing around the petitioner's land depriving the petitioner from the use of the said land. He contends that this action of the respondents is arbitrary, illegal and violative of Articles 14 and 300-A of the Constitution of India; and that the respondents cannot deprive the petitioner of his land without following due process of law. It is specifically alleged that on the night of 04.01.2016, labour were engaged by the respondents, that they dug holes in the earth for putting pillars, that they were going to put iron rods in the said holes and then erect a fencing; and they had not heeded to the objections of the petitioner including the letter dated 21.12.2006, referred to above.

4. This Court, on 06.01.2016, admitted the Writ Petition and granted interim direction restraining the respondents from interfering or putting any pillars and fencing in the petitioner's land, referred to above, pending disposal of the Writ Petition, in WPMP No. 951 of 2016 in WP No. 773 of 2016.

WVMP No. 2525 of 2016 :

5. WVMP No. 2525 of 2016 is filed by respondent nos. 1, 4 and 5 to vacate the order dated 06.01.2016 in WPMP No. 951 of 2016 in WP No. 773 of 2016.

6. In the counter-affidavit/Vacate Stay Petition filed by them, it is stated that there is a tank by name Kudikunta of extent Acs.08.04 guntas in Survey Nos. 187/P, 188/P and 189/P; that the irrigation department did not receive any request from the petitioner for fixing boundaries of his land vis-à-vis the said tank. It is stated that the tank comes under the jurisdiction of the Executive Engineer, North Tanks Division, Hyderabad from the year 2000, and is under the control of Hyderabad Lakes and Water Bodies Management Circle (H.L. & W.B.M.) constituted by the Government vide G.O.Ms. No. 125 Irrigation & C.A.D. Department dated 31.08.2000; and that the petitioner did not approach the said office for inspection and demarcation of the F.T.L. boundary of the said tank. It is stated that for the first time detailed F.T.L. survey was done on 07.03.2014 and that no F.T.L. pillars were erected on the tank prior to protection works on 25.12.2015. It is stated that detailed F.T.L. boundary map was prepared and was displayed on the H.M.D.A. website vide notification dated 07.06.2014 and objections and suggestions were invited; and that no such objections and suggestions were received till the protection works were taken up on 25.12.2015. It is stated that the fencing work was carried out along with the F.T.L. boundary of the tank and not in the entire land of the petitioner and there was no necessity to issue notice to th