THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.35177 of 2014 Dated: 19.11.2014 Between:
V. Padma and another .. Petitioners and The Govt. of Telangana, Rep. by its Principal Secretary, Irrigation Department, Secretariat, Hyderabad, and others.
.. Respondents Counsel for the petitioner: Mr. Sai Gangadhar Chamarthy Counsel for respondents 1 to 3: AGP for Irrigation & CAD Counsel for respondents 2 & 4: AGP for Revenue The court made the following:
ORDER:
This writ petition is filed for a Mandamus to set aside notice bearing No.B/93/2012 dated 13.08.2014 of respondent No.4, whereby he has directed the petitioners to remove obstructions within 15 days from the date of receipt of notice and that otherwise action was directed to be taken for removal of the obstruction besides initiating action under Section 49 of A.P. (T.A.) Irrigation Act, 1357 Fasli (for short ‘the Irrigation Act’).
A perusal of the impugned proceeding shows that though the same has been styled as a notice, it contains a mandate to the petitioners to remove the alleged obstruction on the ground that their patta land falls within the F.T.L. of Pariki Cheruvu, Gajularamaram Village. However, on receipt of this notice, the petitioners are stated to have made a detailed representation on 26.08.2014, which was allegedly received by respondent No.4 on 30.08.2014.
The learned Assistant Government Pleaders for Irrigation and Revenue (T.S.) submitted that respondent No.4 will consider the representation of the petitioners in an objective manner, pass an order and communicate the same to the petitioners before proceeding further under the Irrigation Act.
The above-mentioned submission of the learned Assistant Government Pleaders is placed on record and the writ petition is accordingly disposed of with the direction to respondent No.4 to objectively consider the petitioners’ representation, pass an order and communicate the same to the petitioners. He is further directed not to take any coercive steps till this exercise is completed.
As a sequel to the disposal of the writ petition, W.P.M.P.No.43994 of 2014 shall stand disposed of as infructuous.
C.V. NAGARJUNA REDDY, J 19th November, 2014 IBL