IMPORTANT POINT
Due process must be followed in land dispossession cases, emphasizing the protection of water bodies and the necessity of proper FTL marking.

ORDER :

(K. Lakshman, J.) :

Heard learned counsel for the petitioners and Mr. D. Ravi, learned Assistant Government Pleader for Irrigation and Command Area Development appearing on behalf of the respondents.

2. Petitioner No.1 is claiming that she is the absolute owner and possessor of the land admeasuring Acs.5.00 guntas in Survey No.157//1/1, situated at Lakkaram Village, Choutuppal Mandal, Yadadri - Bhongiri District, while petitioner No.2 is the absolute owner and possessor of the land admeasuring Acs.2.00 guntas in Survey No.157//1/2 and admeasuring Ac.1.10 guntas in Survey No.159/2/2, making a total extent of Acs.3.10 guntas of the very same village. In proof of the same, they have filed copies of latest pattadar passbooks and title deeds.

3. According to the petitioners, respondent Nos.5 to 7 came to the site on 07.06.2024 and interfered with their possession without following due procedure laid down under law. Therefore, they have submitted representations dated 08.05.2024, 25.05.2024 and 23.08.2024 to respondent Nos.5 to 7 with a request to show them the FTL marks and other identification in proof of FTL, taking final/preliminary notification earmarking FTL of Pedda Cheruvu of Lakkaram Village, Choutuppal Mandal. They have also requested the respondents to earmark FTL of Pedda Cheruvu Tank by following the procedure laid down under law, if not already marked. While taking action, they have to follow the due procedure laid down under law. They are also trying to remove muddies which are lying there since last three decades. Despite receiving and acknowledging the said representations, respondent Nos.5 to 7 did not act upon the same. On the other hand, they are trying to dispossess the petitioners from the subject lands and remove the said muddies.

4. In the light of the said allegations, this Court directed learned Assistant Government Pleader for Irrigation and Command Area Development to get specific instructions. He has produced written instructions of respondent No.5, wherein it is stated that the Pedda Cheruvu of Lakkaram village is a minor irrigation tank having an ayacut of 176 Acres. In reorganization of Irrigation Department, the above Choutuppal Mandal tanks were transferred from I.B. Sub-Division. Choutuppal, I.B. Division Bhongiri to Sub-Division No.2, Choutuppal, Irrigation Division No.12, Choutuppal, Yadadri - Bhongiri District under the control of Superintending Engineer, Irrigation Circle Mall, in Irrigation Unit Chief Engineer, Nalgonda District, vide G.O.Ms.No.1, dated 09.01.2021.

5. It is further stated that that during the field inspection along with A.E., D.E.E., and R.I., of Pedda Chervu, the applicants, Mr. Gunganti Venkatesham, Mr. Narsireddy, Mr. Laxman Reddy and Mr. Ravinder have informed that Mr. Anantha Reddy, Mrs. Ajitha wife of Mr. Anantha Reddy; Ms. Bhargavi, daughter of Mr. Anantha Reddy; Mr. Dasarla Shekar; Mr. Arla Mahesh and Mr. Paggilala Gopal Reddy have illegally dumped soil in the FTL of the tank by excavating in the tank bed. The Villagers also informed that the soil was dumped during the years 2015-2016 and 2017-2018. Complaints were given to Police by marking copies to the Revenue Officers and the Police registered FIRs against the said persons under Sections - 154 and 157 of Cr.P.C. After re-conducting survey again on 18.3.2024 by Irrigation Officials, it is noticed that some of the patta land owners dumped soil in their patta lands by excavating some soil from the tank bed.

6. It is further stated that above the tank FTL survey was conducted by HMDA on 16.08.2014. The Pedda Cheruvu, Lakkaram, village is one of the Minor irrigation tank of above 100 acres. As per Section - 24 of the Telangana Land Revenue Act, 1317F and Section - 2 of Land Encroachment Act 1905, all lands and water bodies etc., are the property of Government. Therefore, Pedda Cheruvu, Lakkaram Village is also the property of the Government. Moreover, it is a chain linked tank, the surplus of this tank will feed O