High CourtsSingle Bench(2026) 07 TEL CK 1459

M/s. JMD Aluminium Industry vs The State Of Telangana & Ors.

Telangana High Court, Hyderabad · Decided on 30 July 2026

HON’BLE JUDGES
Namavarapu Rajeshwar Rao, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 4596 of 2026

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Judgment

9 paragraphs · 504 words

The present writ petition is filed seeking the following prayer:

"...to issue a Writ Order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents in seeking to take action against the industry, without demolishing the structure and the shed existing in subject land without following due process of law and without issuing any notice is challenging in this petition as being arbitrary, illegal and violative of Article 14, 19 (1) d and 300-A of the Constitution of India consequently, writ of mandamus declaring the action of Respondents and consequently direct the respondents, interfere with the possession of the mines or take any action against the subject against the shed and industry existing in subject land i.e., SY No.311, 313 and 314, admeasuring 20 GTS, 14 GTS and 6 GTS totally admeasuring AC.1-00 GTS, situated at Village Rampally, Mandal Keesara, Now Medchal-Malkajgiri District without following due process of law or without issuing any prior notice, and pass..."

2.

Heard learned counsel for the petitioner, Mr. Laxmalla Sandeep, learned Assistant Government Pleader for Irrigation and Command Department Area Development appearing for respondent Nos. 1 to 3 and learned Government Pleader for Revenue appearing for respondent No. 4.

3.

Learned counsel for the petitioner submits that the petitioner purchased the subject land bearing Survey Nos. 311, 313 and 314, admeasuring Ac.1-00 Gunta, situated at Rampally Village, Keesara Mandal, Medchal-Malkajgiri District, under a registered Sale Deed dated 28.03.2013. Thereafter, the petitioner obtained conversion of the land for non-agricultural use and secured all requisite statutory permissions, including approvals from the Industries Department, Pollution Control Board, Panchayat authorities, and a No Objection Certificate from the Irrigation Department. The Petitioner established an industrial unit in the year 2014, which has been functioning for over a decade. On 06.02.2026, officials of the Irrigation Department and the Tahsildar attempted to demolish the petitioner's factory on the allegation that it falls within the buffer zone, without issuing any notice or following due process of law. Aggrieved thereby, the petitioner has filed the present writ petition.

4.

When the matter was taken up for hearing, the learned Assistant Government Pleader placed on record Letter No. DEE/Irr.Div-I/2025-26/4427 dated 13.02.2026 issued by the Irrigation Department, wherein the last paragraph reads as follows::

"In view of the above, it is submitted that the Irrigation Department officials and staff had never threatened the petitioner, instead the petitioner having knowledge that he encroached the Rampally Cheruvu surplus course and its buffer zone, the petitioner is willingly creating allegations on Revenue and Irrigation Department Staff. Further, it is submitted that Irrigation Department and its staff will work as per rules in vogue only."

5.

Recording the submissions, this Court is of the opinion that no further orders are required to be passed in the present writ petition.

6.

Accordingly, the Writ Petition is closed. There shall be no order as to costs. No order as to costs.

As a sequel, miscellaneous applications pending, if any, in this Writ Petition, shall stand closed.