Telangana High Court
M/S Lalitha Constructions And ... vs The State Of Telangana And 9 Others on 27 January, 2023
Author: Surepalli Nanda
Bench: Surepalli Nanda
HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION No.2235 OF 2023
ORDER:
Heard learned counsel for the petitioner, learned Government Pleader for Irrigation and Command Area Development and learned Government Pleader for Revenue.
2. The petitioner approached this Court seeking the relief is as follows:
"To issue an appropriate Writ or Direction or Order, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent No.2 in not considering the representation of the petitioner dated 10.12.2022, for construction of underground drain pipes along the 40 ft. road in the Krishna Brundhavan Colony by minimizing the width of Nala as
3 mtrs against the proposed width of 9.60 mtrs and increasing the depth instead of width of underground drain pipes along the 40 ft.road in the Krishna Brundhavan Colony to protect the environment and avoid water inundation in the monsoon season, as illegal, arbitrary, violation of principles of natural justice and against settled provisions of law and consequently to direct the official respondents to construct the underground drain pipes along the 40 ft.road in the Krishna Brundhavan Colony by minimizing the width of Nala as 3 mtrs against the proposed width of 9.60 mtrs, by considering the representation of the petitioner dated 10.12.2022."
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WP_2235_2023 SN,J
3. The petitioner made a detailed representation dated 10.12.2022 to the competent authority i.e. the 2nd respondent herein and also to all other official respondents herein i.e. the 1st respondent and respondents 3 to 8 as well pertaining to encroachment of Flood Water Nala from Peeda Cheruvu Tank and Kotha Cheruvu Tank to Bandamkommu Tank by Krishna Brundhavan Association and sought permission to construct an Underground Drain Pipeline for restoring the Flood Water Nalas, by conducting physical inspection/physical re-verification of flood water Nala from Peeda Cheruvu Tank and Kotha Cheruvu Tank to Bandamkommu Tank by the competent authority.
4. A bare perusal of the material documents filed along with the affidavit filed in support of the present writ petition clearly indicates that the 2nd respondent even acknowledged the representation dated 10.12.2022 of the petitioner.
5. Mr.V.Narasimha Goud, standing counsel for HMDA appearing on behalf of respondent No.3 refers to the proceedings vide letter No.EE/ID.No.1/SRD/DEE(T)/AEE1 /337, dated 21.09.2022 of the 2nd respondent herein and 3 WP_2235_2023 SN,J submits that on an earlier occasion, the petitioner approached this Court vide W.P.No.28853 of 2022, and the High Court disposed of the same on 12.07.2022 directing 2nd respondent to consider the petitioner's representation dated 10.06.2022 and pass appropriate orders and accordingly, the 2nd respondent issued the proceedings dated 21.09.2022.
6. Learned Senior Counsel Sri B.Chandrasen Reddy draws attention of this Court to the contents of the representation dated 10.06.2022 and contends that the issue in the representation dated 10.06.2022 pertains to construction of under ground drain pipes along with 40 ft road in Krishna Brundhavan Colony to protect the environment to avoid water inundation in the monsoon season and the grievance of the petitioner as explained by the petitioner in the petitioner's latest representation dated 10.12.2022, pertained to encroachment of flood water Nala from Peeda Cheruvu Tank and Kotha Cheruvu Tank to Bandamkommu Tank by Krishna Brundhavan Association and further the request of the petitioner vide petitioner's said latest representation dated 10.12.2022 to respondents 1 to 8 herein, was to conduct physical inspection/physical re-verification of the catchment 4 WP_2235_2023 SN,J area of Peeda Cheruvu and Bandamkommu Tank, Ameenpur,Sanga Reddy District to minimize the width of Nala as 3.00 mtrs as against the proposed width of 9.60 mtrs and increase the depth of Nala, if required.
7. Taking into consideration the above referred facts and circumstances of the case, the writ petition is disposed of directing the respondents 1 to 8 herein to consider the petitioner's representation dated 10.12.2022 and also examine the viability of the proposals put-forth vide the said representation dated 10.12.2022 and pass appropriate orders within a period of three (03) weeks from the date of receipt of a copy of this order, duly communicating the decision to the petitioner. However, there shall be no order as to costs.
Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.
__________________________________ MRS JUSTICE SUREPALLI NANDA Date:27.01.2023 Kgk 5 WP_2235_2023 SN,J 6 WP_2235_2023 SN,J HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION No.2235 of 2023 Date:27.01.2023 kgk