THE HON’BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.25658 OF 2024

ORDER:

Heard Sri J.Suresh Babu, learned counsel for the petitioner and Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos.5 and 6.

2. The land admeasuring Acs 1.11 gts in survey No.1, admeasuring Ac 0.17 gts in survey No.8, land admeasuring Acs 1.07 gts in survey No.9, admeasuring Ac 0.17 gts in survey No.15 i.e., making a total extent of Acs 3.02 gts, situated at Velgonda Village of Chinnam Bavi Mandal, Wanaparthy District belonged to one Late Vasudeva Rao, S/o. Kishan Rao. The said Vasudeva Rao, dug one irrigation open well in survey No.1. The said open well and its ridge around the well covered an extent of Ac 0.04 gts, out of the said Ac 1.11 gts. The said Vasudeva Rao used to cultivate the above lands covered by survey Nos.1, 8, 9 and 15. After the death of Sri Vasudeva Rao, the above lands fell to his family members by succession i.e., 1. Smt S.Rama Chudamma, W/o.Vasudeva Rao, 2. S.Jaya Prakash Rao, S/o.Vasudeva Rao, and 3. Sri S.Sai Kishan Rao, S/o.Vasudeva Rao, all R/o.Velgonda Village, erstwhile Weepangandla Mandal, Kollapur Taluk, Mahbubnagar District, now Velgonda Village, Chinnam Bavi Mandal, Wanaparthy District, and their names were entered in Revenue Records as Pattadars and Title Holders of the said land.

3. According to the petitioner, her vendor’s vendor dug a borewell in the year, 1969. After purchase of the said land, the petitioner also dug a borewell recently. Even then, respondent No.3, vide impugned notice dated 04.07.2024 informed the petitioner to take steps to close the said well. Otherwise, action will be taken against her, in accordance with law.

4. Whereas, learned Assistant Government Pleader for Revenue, has produced written instructions of respondent No.3 stating that they have received complaint from the villagers of Velgonda Village, Chinnam Bavi Mandal, more particularly, respondent Nos.7 to 15 stating that the petitioner dug borewell obstructing the FTL of the tank.

5. On receipt of the said complaint, respondent No.3 along with respondent No.6 went to Velgonda Village, Chinnam Bavi Mandal, Wanaparthy District and surveyed the disputed site on 18.07.2024. It was found that the well is within the land admeasuring Ac 0.30 gts, out of Ac 1.11 gts in survey No.638/1, which is in the FTL of the Oora Kunta/Cheruvu, in Velgonda Village, Chinnam Bavi Mandal, Wanaparthy District. Respondent No.4 also confirmed that the said well is in the FTL of the said tank. Therefore, it is for respondent No.6 to take action against the petitioner, in accordance with the provisions of the Telangana Water, Land and Trees Act, 2002 (for short, “the WALT Act”). Respondent No.3 cannot issue impugned notice dated 04.07.2024. However, vide impugned notice dated 04.07.2024, respondent No.3 requested the petitioner to close the said well, which is in FTL of the tank of Velgonda Village, Chinnam Bavi Mandal, Wanaparthy District. The said written instructions are placed on record.

6. In the light of the above discussion, the Writ Petition is disposed of directing respondent No.6 to take action against the petitioner for digging borewell in the land admeasuring Ac 0.30 gts out of Ac 1.11 gts in survey No.638/1, which is in FTL of the Oora Kunta/Cheruvu, in Velgonda Village, Chinnam Bavi Mandal, Wanaparthy District, in accordance with the procedure laid down under the WALT Act. Respondent No.6 shall pass appropriate orders by putting the petitioner and respondent Nos.7 to 17 on notice and affording them an opportunity. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.

Miscellaneous applications, if any, pending shall stand closed.

___________________ K. LAKSHMAN, J.

Date: 18.09.2024 ESP