HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI WRIT PETITION No.36994 OF 2025 DATE OF ORDER 03.12.2025 Betweeen:

1. Sanike Krishna S/o Late Veeraiah, and 4 others.

... petitioners And

1. State of Telangana Rep.

by its Principal Secretary, Irrigation Department Secretariat Buildings, Saifabad, Hyderabad, and 8 others.

...respondents

ORDER:

This writ petition is filed with the following prayer:

“…to issue a Writ or order or direction more particularly one in nature of Writ of Mandamus, to declare the action of the Respondents 1 to 8 in conducting a joint inspection of the Irrigation and Revenue Departments at the instance of the 9th Respondent without notice to the petitioners and the consequential diversion of the Nala from the lands of the 9th Respondent into the lands of the Petitioners and other farmers in Sy.Nos.24 and 25 of Fathepur Village, Shankarpally Mandal, R.R.District as arbitrary, illegal and violative of Article 14 of the Constitution of India and to set aside the same and to direct the Respondents 1 to 8 to restore the flow of Nala in Sy.Nos.23 and 24 of Fathepur Village, Shankarpally Mandal, R.R.District as it was existing prior to its diversion from the lands of the 9^th Respondent and pass…”

2. Heard Mr. Vedula Srinivas, learned Senior Counsel for petitioners, Ms. Swathi, learned Assistant Government Pleader for Irrigation and Ms. Dara Haritha Kiran, learned Assistant Government Pleader for Revenue for respondents.

3. Learned Senior Counsel for petitioners invited the attention of this Court to Page No.37 (P7) a joint inspection report of land in Sy.Nos.23 and 24, done on a request of applicant (i.e., respondent No.9), the gist of report dated 21.02.2023 is as follows:

“Based on request of applicant the survey has been carried out and the following is proposed.

1.A width of 1.0m is provided for stream (2) out of the calculated total width of 3.0m along with a buffer zone of 2.0m for total length of stream in the applicant's land upto the location B14,where the nala as per village map is crossing stream(2).

2.A width of 5.0m along with a buffer zone of 2.0m is provided for the combined nala (the width of stream(2) is 3.0m+ the width of village nala 2.0m) and applicant's land is affecting due to the combined nala with 3.0m(A width of 1.0m of stream(2) + 2.0m width of diverted village map nala) width out of total width 5.0m along with a buffer zone of 2.0m and proposed to join into the teegala vagu like the existing nala as per present ground conditions.

The areas for water bodies with their buffer zones are showing in the following table after diversion.

Buffer Buffer Buffer Zone Buffer Zone Total Zone Stream- 2M.W Combined Zone Teegala 9M.W Extent Extent of Stream-I 9M.W 2 Area Area NALA 2M.W Vagu Area Balance Sy (Ac- Application Area(Ac- Area (Ac.- (Ac- Area (Ac.- Area (Ac- (Ac- (Ac- Area(Ac-

No. Gts) (Ac.-Gts Gts) (Ac-Gts) Gts) Gts) Gts) Gts) Gts) Gts) Gts) 23 10-11 08-21 00-00 00-08.2 00-01 00-02 00-00.4 00-00.4 00-00 00-00 08-09 24 15-10 05-08 00-00 00-05 00-00 00-00 00-07 00-04.6 00-00 00-19 04-12.4 Total 25-21 13-29 00-00 00-13.2 00-01 00-02 00-07.4 00-05 00-00 00-19 12-21.4 The balance area of Ac. 0.097Gts (12-21.4-12-11.7) acres as per the above two tables is present in the applicant's land only and no others land is not affecting due to the diversion of nala and there is obstruction to the flow of water.

The revenue surveyor shankarpally has submitted duly showing the extent of applicant's land before diversion and after diversion.”

4. A letter addressed to respondent No.9 (at Page No.41) from the Superintending Engineer, I&CADD., Irrigation Circle, Chevella. The following are the contents of letter, dated 11.04.2023:

“With reference to the application of M/s Ankura Homes and others represented by its Partner Sri T.Jaipal Reddy, S/o T.Govind Reddy vide reference 1^st and 2^nd cited, regarding issue of clarification for the water bodies in their land in survey numbers 23 and