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2025 Supreme(Online)(Tel) 76315

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL
Chitram Ganesh – Appellant
Versus
The State of Telangana – Respondent
WP 33498/2025



HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.33498 of 2025 DATE OF ORDER: 04.12.2025 BETWEEN:

Chitram Ganesh and 4 others … Petitioners AND The State of Telangana Rep. by its Principal Secretary, Revenue Department and 5 others.

… Respondents : ORDER :

This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief/s:-

“…to issue an appropriate Writ Order or Direction more particularly one in the nature of a Writ of Mandamus declaring the action of the Respondents authorities in including the Petitioners lands in Sy.Nos.416, 417 and 420 of Nadargole Village, Balapur Mandal, Ranga Reddy District within the FTL Zone of Beera Cheruvu as illegal, arbitrary and violative of natural justice and Consequently direct the Respondents to conduct a Re-Survey after issuing notices to all affected landholders and fix the correct FTL and Buffer Zone boundaries of Beera Cheruvu…”

2. Heard Mr.Soma Ravi Kiarn Reddy, learned counsel for the petitioners, Mr.Krishna Maragani, learned Standing Counsel for Municipality Badangpet Municipality appearing for respondent Nos.1 and 6, Mr.L.Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos.2 and 3, Mr.Laxmalla Sandeep, learned Assistant Government Pleader for Irrigation, appearing for respondent No.4, Mr.V.Narsimha Goud, learned Standing Counsel for HMDA, appearing for respondent No.5. Perused the record.

3. Learned counsel for the petitioner would submit that the petitioners are the absolute owners and possessors of agricultural lands situated in Sy.Nos.416, 417 and 420, situated at Nadargole Village, Balapur Mandal, Ranga Reddy District (herein after referred as “the subject lands”) and they are in peaceful possession and enjoyment of the said lands for several years. He would submit that recently the petitioners have converted the agricultural lands into non agricultural lands vide proceedings dated 03.12.2021. He would further submit that the lands are located far away from Beeram Kunta Cheru of Nadargole Village. As part of fixing up the Full Tank Level (FTL) and Buffer Zones, recently the Government had published Preliminary Notification, in which the subject lands of the petitioners have been shown as falling within the FTL Zone without conduction of survey and without issuing any notice to the petitioners.

4. Learned counsel for the petitioners would further submit that aggrieved by the action of respondent No.3, the petitioners approached respondent No.2 and made a representation in Prajavani on 01.12.2024. Respondent No.2 has referred the representation to respondent No.3, on that respondent No.3 had issued proceedings Lr.No.DEF/ISD-2/ Shamshabad/ Balapur/323, dated 06.12.2024 stating that the re-survey is not feasible in the above said water body. Thereafter, the petitioners have made representations on 21.12.2024 and 27.01.2025 to respondent No.4 and to respondent Nos.2 and 5 on 13.10.2025. Since, no action has been taken by the said official respondents, the petitioners have filed this writ petition. Hence, he would seek to pass appropriate orders.

5. Learned Assistant Government Pleader for Revenue would submit that on the representation made by the petitioners on 01.12.2024, respondent No.2 referred the representation to respondent No.3 and respondent No.3 had conducted survey on 26.06.2013 and preliminary notification of the tank has also been issued by HMDA on 24.01.2014. Further, the HMDA authorities have called for filing objections on fixations of FTL of Beera Cheru to be submitted by 05.00 p.m., on 28.02.2014. Hence, the request to conduct re-survey of Beera Cheru is rejected. It is further submitted that the request to conduct re- survey is not feasible because the altitudes of FTL points might have changed with respect to the altitudes available on survey done dated 26.06.2013 because of natural events i.e., rains, flooding, siltation, filling of soils

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