IMPORTANT POINT
IMPORTANT POINT
The Tahsildar has jurisdiction to issue notices under the WALT Act and Irrigation Act, but must comply with procedural requirements and provide details of encroachment.

ORDER :

1. Heard Mr. P.S. Rajasekhar, learned counsel for the petitioner in W.P. No. 24282 of 2024, Mr. V. Murali Manohar, learned counsel for the petitioner in W.P. No. 24338 of 2024 and Mr. S. Rahul Reddy, learned Special Government Pleader appearing on behalf of the respondents in both the writ petitions.

2. In both the writ petitions, challenge is to the notices issued by the Tahsildar, Medipally Mandal, Medchal-Malkajgiri District, under Section-23 of the A.P. Water, Land and Trees Act, 2002 (for short ‘WALT Act’) and Andhra Pradesh (Telangana Area) Irrigation Act, 1357 Fasli (for short ‘Irrigation Act’).

3. Lis involved in both the writ petitions is one and the same, therefore, both the writ petitions were heard together and are being disposed of by way of this common order. However, since the petitioner and array of respondents in both the writ petitions are different. Therefore, for the sake of convenience, the parties are hereinafter referred to as they are arrayed in W.P. No. 24282 of 2024.

4. Vide the aforesaid notices, both dated 28.08.2024, the Tahsildar, Medipally Mandal, respondent No. 3 in W.P. No. 24282 of 2024, directed the petitioners to remove the structures mentioned in the tabular form of the said notices in Pedda Cheruvu situated at Peerzadiguda Village within seven (07) days from the date of receipt of the notices, failing which necessary action will be initiated under Section-25 of the Irrigation Act and Section-23 of the WALT Act.

5. Both, Mr. P.S. Rajasekhar and Mr. V. Murali Manohar, learned counsel for the respective petitioners, would contend as follows:

(i) The Tahsildar, Medipally Mandal, has no jurisdiction or authority to issue the impugned notices.

(ii) The Irrigation Act is not applicable.

(iii) The Tahsildar is not a designated Officer.

(iv) Though it is mentioned as notices, they are final orders.

(v) The petitioners were not put on notice and opportunity was not afforded to them while issuing the said notices.

(vi) Vide the aforesaid notices, the Tahsildar directed both the petitioners to remove the structures.

(vii) The details of alleged encroachment are not mentioned.

(viii) Both the notices are in violation of the principles of natural justice and also the procedure laid down under the aforesaid Acts.

(ix) Reliance was placed on the provisions of the WALT Act and also the Irrigation Act.

(x) Reliance was also placed on the decision in Government of Andhra Pradesh v. Thummala Krishna Rao, (1982) 2 SCC 134 and Government of Andhra Pradesh v. Malik Sultana, 2013 (2) ALD 177.

6. Whereas, Mr. S. Rahul Reddy, learned Special Government Pleader, would submit as follows:

(i) The impugned notices are Ministerial Notices.

(ii) The Tahsildar has jurisdiction to issue the notices.

(iii) The petitioners can as well submit explanations to the said notices.

(iv) Non-quoting and misquoting of any provision of law will not vitiate the proceedings and notices cannot be declared as illegal.

(v) Placed reliance on the provisions of the WALT Act, Irrigation Act, G.O.Ms. No. 47, Panchayat Raj & Rural Development (RD.IV) Department, dated 03.03.2003.

With the aforesaid submissions, he sought to dismiss both the writ petitions.

7. Perusal of record would reveal that both the notices were issued by the Tahsildar, Medipally Mandal under Section-23 of the WALT Act and the Irrigation Act. In the light of the same and rival submissions, it is relevant to note that the Scheme of the WALT Act. Section-23 of the WALT Act is relevant and the same is extracted hereunder:

“23. (1) The authority may notify water bodies like lakes, village ponds and minor irrigation tanks along with nalas (water course or drainage course) as heritage bodies and conservation areas to prevent conversion of their intended use and the authority shall take all measures to permanently demarcate the boundaries through the department of the Government or the organization concerned as per the memoirs of lakes/tanks/ponds/nalas (water course or drainage course) and shall