HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

WRIT PETITION No.12370 of 2014

ORDER

This writ petition is filed seeking the following prayer:

“…declaring the action of the respondents in

closing the pipeline constructed by the petitioner in respect of agricultural land into Sy.No.417B and 421 of Gowdavally Village, Medchal Mandal, R.R.District as illegal, arbitrary, violative of Articles 14, 21 and 300A of the Constitution of India by setting aside the said action and pending disposal of the writ petition direct the respondents not to close the pipeline constructed by the o petitioners in agricultural land situate in S No 417B and 421 of Gowdavally Village, Medchal

Mandal, R.R.District...”

2. Learned senior counsel appearing on behalf of the

petitioners submits that petitioners have made a natural slope towards their land which facilitates accumulation of rain water and that pipes have been laid for drawing water from the said accumulated water and that no pipes have been connected to

the Tank.

3. This Court on 29.04.2014 has passed the following

interim order:

“Though the matter was adjourned, learned Government Pleader for Irrigation has not received any instructions.

Learned Government Pleader representing the R&B Department states, on instructions, that as per the administrative sanction by the Government under G.O.Rt.No.621 T(R&B), dated 27.06.2013, works of Rs.1,300/- lakhs are taken up for widening of existing single lane to two lane i.e.,3.66 mts to 7.00 mts – 1.67 mts on either side) to Gundlapochampally–Nuthankal Road from Km 0/0 to 16/4. The instructions also state that as per Government Pleader’s resolution widening work on tank bund is taken up within the available land without damaging/closing any irrigation structures. It also says that the complaint of the petitioner regarding opening of pipes is dealt with by irrigation department.

In the circumstances, awaiting the instructions and counter from the irrigation department, there shall be an interim direction to respondent Nos.4 and 5 not to close the pipe line of the petitioner in the agricultural land in S.No.417B and 421 of Gowdavally Village, Medchal Mandal, Ranga Reddy District, pending further orders.”

4. When the matter is taken up for hearing, learned Assistant Government Pleader for Irrigation appearing on behalf of respondent No.4 has placed a copy of instructions issued by the Executive Engineer, Irrigation, Division I, Red Hills, Hyderabad and would submit that the alleged site was inspected by the irrigation officials on 31.03.2025 and observed that, the Bund road is being extended and could not identify the petitioner’s land and pipe lines laid down. It is further submitted that Burugu Kunta, Gowdavelly (V), Medchal (M) is a minor irrigation tank with a notified ayacut of Ac.6-00 gts., and that the FTL survey of tank was conducted by the HMDA on 06.09.2013 and the same was certified by the Irrigation and Revenue Officials. Subsequently, FTL map was notified by HMDA on 06.01.2015 and finally notified by the HMDA on 06.09.2019 and placed in the public domain with Lake ID:1700/33 with an FTL area of Ac.13-00 gts., and a buffer width of 9 m from the FTL contour. As per Irrigation Department, Final notified and Cadastal map part of the land is coming under buffer of Burgu Kunta, Gowdavelly (V), Medchal mandal and that the extension of the Road bund is done by the R&B Department with reference to G.O.Rt.No.621 T(R&B) dated 27.06.2013. As per the said G.O. widening work on tank bund is taken up within the available land without damaging/closing any irrigation structures and that petitioner has not taken any permission to take water from the Tank. It is further submitted that whenever any agriculture land/owner requires water, they have to approach Irrigation Department by way of filing an application and Irrigation Department will consider the said application accordingly to the water level by laying down pipe lines instead of taking water from sluice which might cause dam