IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
ANIL KUMAR JUKANTI
Cherala Damoder, S/o. Rajasekhar – Appellant
Versus
State Of Telangana Rep. By Its Secretary (Revenue) – Respondent
| Table of Content |
|---|
| 1. hearing and considerations by the court (Para 2) |
| 2. interference with land possession (Para 3 , 4 , 9) |
| 3. counter arguments on culvert construction (Para 5 , 6 , 7) |
| 4. court's considerations for farmer's welfare (Para 8 , 15 , 16) |
| 5. justification for culvert construction for public interest (Para 10 , 11 , 12 , 14) |
ORDER :
ANIL KUMAR JUKANTI, J.
This Writ Petition is filed seeking the following prayer:
“…to issue an order direction or writ more particularly one in the nature of Writ Of Mandamus declaring the illegal/malafide action of the Respondents in interfering with the peaceful possession and enjoyment of the agriculture land of the petitioner in Sy.No.10/B, to an extent of Ac.0.20 guntas situated at Gudur Village, Kamalapu Mandal, Karimnagar District, without notice and following the procedure, is contrary to the rule of law which was guaranteed under Article 14, 19 & 21 of the Constitution of the India apart from the violation of the provisions of the A.P.(T.A.) Irrigation Act, 1357F, and rules made therein, consequently direct the respondents to remove the illegal culvert erected across the agriculture land of the petitioner herein in an extent of Ac.0-20 guntas
Individual rights under agricultural law must be balanced against public interest, particularly in the context of infrastructure development affecting land use.
A party must adhere to statutory regulations concerning land use and construction in water channels, and unauthorized encroachments lead to dismissal of relief petitions.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.