Boidi Vittal vs The State Of Telangana
2025 Latest Caselaw 5119 Tel

Telangana High Court

Boidi Vittal vs The State Of Telangana on 28 April, 2025

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                                                           SK, J
                                           W.P.No.31412 of 2018




           THE HON'BLE SRI JUSTICE K.SARATH

                 W.P.No.31412 of 2018
ORDER:

This writ petition is filed questioning the action of

the respondent Nos.2 to 4 in not taking steps to

protect the existing Maisamma Sikham in Sy.No.428

situated at Kubeer Village and Mandal, Nirmal District

as opposed to the provisions of Telangana Irrigation

Act, 1357 Fasli (Act 24 of 1357) as arbitrary and

illegal.

2. Heard learned counsel for the petitioners, learned

Assistant Government Pleader for Revenue and learned

counsel for the unofficial respondents.

3. Learned Counsel for the petitioners submits that

since times immemorial, Kubeer village has only one

Tank i.e., Maisamma Sikham, being used by the

villagers either for cattle or for agricultural needs and

by the washer men besides undertaking fishing

activity. The respondent Nos.5 to 10, who got entered

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their names in the revenue records, have obtained the

assignment pattas by influencing and managing the

revenue authorities and started making clandestine

attempts to convert the tank into a layout taking

advantage of the location of the Tank adjacent to the

road and raising of the land value. He submits that

the respondent Nos.5 to 10 have engaged the

respondent Nos.11 to 17 for developing the tank into

plots and started digging the land with JCB by closing

the Tank, due to which the water in the Tank entered

in SC colony, the stone cutters colony, bamboo

weavers colony and other neighbouring colonies.

Though the petitioners made several representations to

the official respondents, no action has been taken. He

further submits that the provisions of Telangana

Irrigation Act, 1357 Fasli, authorizes the revenue

authorities to punish such persons who have

committed any violation of these provisions and as the

respondent Nos.5 to 17 are attempting to damage the

only tank available for the village which is the water

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source for fishing, use by washer men and for

cultivation and any further damage to the tank will

submerge the village, he requested to allow the writ

petition by directing the respondents to restore the

subject land as Government land/Sikham land.

4. Learned Assistant Government Pleader for

Revenue basing on the counter submits that the land

admeasuring to an extent of Ac:18.03 gts in Sy.No.428

was recorded as Government land Khariz-khata from

1954-55 to till 1969-70 and later as per the pahani for

the year 1970-71, certain names of farmers were

appeared in the cultivation column of the pahani as

shivaijamedars (illegal cultivators of Government land)

against the subject land. He submits that as per the

Judgment and Decree passed in O.S.No.124 of 1985

on the file of District Munsif, Bhainsa,

dated 31.03.1994 and as per the Judgment in

A.S.No.22 of 1994 on the file of Subordinate Judge at

Nirmal, dated 01.10.1997, the suit land admeasuring

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to an extent of Ac.10.00 gts was assigned to two

assignees i.e., Shaik Hussain and Chand Pasha

@ Ac.5-00 gts each in Sy.No.428 and their names were

mutated in the revenue records in the year, 2000-01 as

pattadars and the remaining extent of land of Ac.8-03

gts was shown as Khariz khata, but cultivation column

shows the names of P. Vittal, S/o.Bhojana, Pothanna

S/o.Dakaji and Ibrahim S/o.Ameer Khan.

5. Learned Assistant Government Pleader for

Revenue further submits that during the year,

2011-12, the land admeasuring to an extent of Ac.4-20

gts was recorded in the name of Muqther Begum,

W/o.Ameer Khan as pattadar and cultivator leaving

the balance land admeasuring to an extent of Ac.3-23

gts as Government land, which is under cultivation of

P. Vittal s/o. Bhojanna. He submits that after demise

of original assignees, succession was affected on the

names of their legal heirs and now the legal heirs are

found as pattadars of the subject land as per Dharani

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website. He further submits that as per the pahanies

from 1954-55 to till Dharani, there is no record of a

Tank by name Maisamma kunta in the suit land,

whereas during rainy season, rain water will be stored

in the suit land and at certain period, villagers/washer

men were utilized the water for their need and the

assignees of the suit land lost their crops for kharif

season and there is no entry in the revenue records

since 1954-55 to till Dharani that the suit land

consists of Tank known as Maisamma Kunta.

6. Learned Assistant Government Pleader for

Revenue further submits that as per the direction of

the Courts, the names of assignees were brought on

record and after their names, their legal heirs have

succeeded those lands. The attempt of digging the

assigned land closing the bund was stopped by the

revenue authorities at Mandal level vide

Lr.No.B/226/2018 dated 18.08.2018 against the

offenders who tried to damage the bund. He further

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submits that the suit land comprising total extent of

Ac.18.03 gts is purely Government land and neither

existing any tank/water body nor the Shikham land

(Maisamma Kunta),and out of the said land, the land

admeasuring to an extent of Ac.14-20 gts of land was

assigned to various assignees leaving the balance of

land admeasuring to an extent of Ac.3.23 gts as

Government land free from assignment. He further

submits that the petitioners, in order to cancel the

assignment made to the assignees and get back the

land into Government custody making the allegations

of Tank/Maisamma Kunta existing over the suit land

and as per the directions of this Court, the official

respondents are taking necessary steps to protect the

suit land and requested to dismiss the writ petition.

7. Learned Counsel for the respondent Nos.5 to 17,

based on the counter averments, submits that the land

admeasuring to an extent of Ac18-03 gts in Sy.No.428

is not a Government land and it belongs to the

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respondent Nos.5 to 10 and they are doing agriculture

much prior 60 years and no point of time that land in

Sy.No.428 is Shikam land. In the pahani for year

1954-55, the names of the ancestors of the unofficial

respondents were shown as cultivators and their

possession was recognized by the Government and

they are paying revenue fees to the Government. He

submits that the forefathers of the respondents also

filed suits in O.S.No.123 and 124 of 1985 on the file of

District Munsif Court at Bhainsa, Adilabad District, for

declaration against the official respondents and the

same were decreed in their favour and their vendors

on 26.07.1985 and 29.07.1985 respectively and the

appeal in A.S.No.22 of 1994 filed by the District

Collector, Adilabad and Revenue Authorities was

dismissed on 30.09.1997. He further submits that the

respondent No.10 also filed suit in O.S.No.32 of 2006

on the file of the Junior Civil Judge at Bhainsa and the

same is pending.

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8. Learned Counsel for the respondent Nos.5 to 17

further submits that the aforesaid decrees were

implemented in the revenue records after conducting

enquiry and the names of the respondents and their

ancestors were shown as pattadar and possessors of

the subject land. The land in Sy.No.428 is neither part

of any tank nor used as tank and as per the revenue

records, it is agricultural land and the respondents are

pattadars and owners of the subject property and

requested to dismiss the writ petition.

9. After hearing both sides and perusal of the

record, this Court is of the considered view that the

petitioners being the residents of Kubeer Village are

questioning the action of the official respondents in not

taking steps to protect the existing Maisamma Sikham

in Sy.No.428 situated at Kubeer Village and Mandal,

Nirmal District. The petitioners have no personal

interest, but stated that being villagers they wanted to

protect the Sikham land as per the provisions of the

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Telangana Irrigation Act, 1357 Fasli as the said land

was the source of water used for cattle, cultivation and

by washer men besides fishing activity. In the writ

petition, the petitioners have stated that the revenue

entries in Sy.No.428 situated at Kubeer Village are

with regard to different names at different times and

stated that the respondent authorities have failed to

protect the Government land in Maisamma Sikham,

which is illegal and arbitrary.

10. On the other hand, the contention of the official

respondents is that there is no dispute that the land

bearing Sy.No.428 admeasuring to an extent of

Ac.18.03 gts was recorded as Government land Khariz

khata from 1954-55 to till 1969-70 and thereafter, the

ancestors of the unofficial respondents have filed suit

in O.S.No.124 of 1985 on the file of District Munsif,

Bhaisa and the same was allowed on 31.03.1994 and

questioning the same, the official respondents have

filed A.S.No.22 of 1994 on the file of Subordinate

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Judge at Nirmal and the same was dismissed

on 01.10.1997. In view of the same, the official

respondents have mutated the names of the assignees

for the land admeasuring to an extent of Ac.10.00 gts

out of Ac.18.03 gts of the subject land and in view of

the same, the land admeasuring to an extent of

Ac.10.00 gts was assigned to the ancestors of the

unofficial respondents and thereafter, Ac.4.20 gts was

recorded in the name of Muqther Begum w/o. Ameer

Khan and subsequently the names of the unofficial

respondents were recorded as pattadars.

11. As per the counter filed by the official

respondents, at no point of time the land in Sy.No.428

was recorded as Tank by name Maisamma Shikam and

only during rainy season, due to heavy rains rainwater

will be stored in the suit land and at certain period, the

villagers/washermen were utilized the water for their

need, but there is no entry in the revenue records

since 1954-55 to till Dharani showing the same as

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Maisamma Kunta. The names of the assignees were

brought on record as per the Court orders and after

their demise, their legal heirs have succeeded the said

lands in the year 2018. Out of the entire extent of land

of Ac.18-03 gts, Ac.14.20 gts of land was assigned to

various assignees leaving the balance of land of

Ac.3.23 gts as Government land free from assignment

and in order to cancel the assignment made to the

assignees, the petitioners are making vague allegations

for cancellation of assignment and the respondents are

protecting the remaining land of the Government land.

12. The unofficial respondents also contended that

they are doing agriculture much prior to 60 years and

at no point of time, the land is Shikam land. The

forefathers of the unofficial respondents have filed

suits and obtained favourable orders against the

Government. In view of the same, the respondent

authorities are not interfering with the possession of

the unofficial respondents.