The court disposed of the writ petition without expressing an opinion on the merits, granting the petitioner liberty to seek appropriate legal remedies before a competent court if any actual encroachment or grievance occurs during the government's tank bund development project.

ORDER

This Writ Petition is filed seeking the following relief:-

“…to declare the action of the Respondents in threatening to interfere with, make a walkway over the bund of the tank, syphon out water from the Dontikunta Cheruvu tank in Sy. No.1349, and cause any other obstruction, encroachment or unlawful act in and over the land of the Petitioners comprised in Sy. No.1333 admeasuring 3200 Sq. yards at Aswaraopet, Bhadradri Kothagudam District, as illegal, arbitrary, in violation of the established rights of the Petitioners and against all settled principles of law, and to pass…”

2. Heard Sri Modali Eswara Prasad, learned counsel for the petitioners, Sri Laxmalla Sandeep, learned Assistant Government Pleader for Irrigation and CAD appearing for the respondent Nos.1 and 2, learned Assistant Government Pleader for Revenue appearing for respondent No.3 and Sri Putta Krishna Reddy, learned Standing Counsel for Municipality appearing for respondent No.4 and with their consent, this writ petition is being taken up for disposal at the admission stage.

3. Learned counsel for the petitioners submits that the petitioners are the absolute owners and pattadars of land admeasuring 3200 square yards in Survey No. 1333, situated at Aswaraopet, Bhadradri Kothagudem District. The petitioners acquired the said property through registered Sale Deed Nos. 4185, 4186, and 4187 of 2015, dated 14.05.2015. It is further submitted that a portion of the said land in Survey No.1333 falls within the buffer zone of Dontikunta Cheruvu (village tank) situated in Survey No.1349. Notwithstanding the same, the petitioners continue to hold valid title, ownership, and possession over the entire extent of the subject property, including the portion falling within the buffer zone, and have been strictly complying with all applicable statutory regulations. The said Dontikunta Cheruvu is an existing and functional village tank, and the petitioners’ land abuts the said tank. The tank is well maintained, with an established and effective system for inflow of rainwater and outflow for irrigation purposes through designated channels serving the agricultural lands of the village. Photographs have been filed to demonstrate the actual topographical situation of the tank and surrounding areas. It is submitted that the respondents are making arbitrary, illegal, and objectionable attempts to siphon water from the said village tank. Despite the petitioners’ lawful ownership, possession, and the existence of several valid documents and proceedings in their favour, the respondents are interfering with the petitioners’ land and are proposing to construct a walkway over the tank bund, encroaching upon the petitioners’ property.

4. Learned Assistant Government Pleader for Home, based on Letter No. DEE/ISD No-1/A’peta/2025-26/65N dated 09.04.2026 issued by Respondent No. 2, submits that the Government, with a view to promote development, has accorded administrative sanction for an amount of Rs. 5.00 crores for the development of the tank bund of Dontikunta Cheruvu, vide G.O.Rt. No. 518 dated 18.09.2025 issued by the Municipal Administration (Budget) Department, Government of Telangana. It is further submitted that, in order to ensure accuracy in execution and to avoid any encroachment upon private lands, the Tahsildar, Aswaraopeta, was requested to conduct a joint survey for proper demarcation of the tank boundaries, particularly with reference to the proposed walking track along the foreshore area. Pursuant thereto, the Revenue Authorities conducted a joint survey from 09.12.2025 to 11.12.2025, followed by demarcation of boundaries on 17.03.2026 and 18.03.2026. It i