Considered the submissions of Sri v. Brahmaiah Chowdary

Judgment

5. b. State of Telangana, Rep.by its Principal Secretary, Revenue Department, Secretariat, Hyderabad. The District Collector, Khammam District at Khammam. The Revenue Divisional fficer, Khammam Division, Khammam District. The Tahsildar, Khammam Urban Mandal, Khammam District. The Executive Engineer, Roads and Buildings Department, Khammam, Khammam District. The Superintending Engineer,, Roads and Buildings Department, Raparthi Nagar, Khammam, Khammam District. ...RESPONDENTS

Petition under Article 226 ot lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction, more particularly one in the nature of writ of Mandamus declaring the action of the respondents 2 to 6 in trying to dispossess the petitioners from their private patta lands in an extent of Ac. 'l-28 guntas situated in Sy.No.510lN1 and in an extent of Ac. 0.34 guntas situated in Sy.No.515/AA and land in an extent of Ac. 1-20 guntas in Sy.No.S10/4/2/1 , and in an extent of Ac. O.O4 guntas of Sy.No.510/A/2/3 and Ac. 0'35 guntas situated in Sy.No.S15/fu1 situated at Dhamsalapuram village, Khammam Urban Mandal, Khammam District, under the guise of widening the existing 30 feet wide road to 100 feet wide road, without following due process of law as illegal, arbitrary' violative of principles of natural justice and also contrary to the Articles 14,21 and 300-4 of Constitution of lndia and consequently direct the respondents 2 to 6 not to dispossess the petitioners from their private patta lands in an extent of Ac. 1-28 guntas situated in Sy.No.S10lN1 and in an extent of Ac. 0.34 guntas situated in Sy.No.S15/AA and land in an extent of Ac. 1-20 guntas in Sy.No.S10/4/2/1, and in an extent of Ac. 0.04 guntas of Sy.No.510/A/2/3 and Ac. 0.35 guntas situated in Sy.No.515/A/1 situated at Dhamsalapuram village, Khammam Urban Mandal, Khammam District any further for widening the 30 feet wide road to 100 feet wide road, without following due process of law. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 2 to 6 not to dispossess the petitioners from their private patta lands in an extent of Ac. 1-28 guntas situated in Sy.No.510lN1 and in an extent of Ac.0.34 guntas situated in Sy.No.515/AA and land in an extent of Ac.'l-20 guntas in Sy.No.510/4/211 , and in an extent of Ac. 0.04 guntas of Sy.No.510/4/2/3 and Ac. 0.35 guntas situated in Sy.No.S15/A,/1 situated at Dhamsalapuram village, Khammam Urban Mandal, Khammam District any further for widening the 30 feet wide road to 100 feet wide road, pending disposal of writ petition. Counsel forthe Petitioner: SRI V. BRAHMAIAH CHOWDARY Counsel for the Respondent Nos.1 to 4: AGP FOR REVENUE Counsel for the Respondent Nos.S and 6: AGP FOR ROADS AND BUILDINGS The Court made the following: ORDER HON'BLE SRI JUSTTCE C.V.BHASI(AR REDDY WRIT PTTITIO N I{o.1039 of 20.25 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is frled seeking the following relief: "....to issue a tuit, order or diectbn more particutarly one in the nature of utit of Mandamus dectnring th.e action of the respond.ent Nos.2 to 6 in trying to dlspossess the petitioners from their piuate patta lands in an ertent of Ac. 1.28 guntas situaied in Sg.No.SlO/A/ 1 and in an ertent of Ac.0.34 guntas situated. in Sg.No.S1S/AA and land in an. ertent of Ac.1.20 gantas in Sa.No.51O/A/2/ 1 and in an ertent of AI.O.O4 guntas of Sg.No.S1O/A/2/3 and Ac.O.35 guntas situqted in Sg.No.S1S/A/ l situated at Dlumsalapuram uillage, Klummam [Jrban Mandat, Khnmmam District under the guise of uidening the eisting 3O feet uide road to 1OO feet wid-e road uitltout follouing due process of lau o.s illegtl arbitrary uiolatiue of pirrciples of natural justice and also ontrary to the Artictes 14, 2l ond 3OOA of Constitution of tndia and. anr"seqtentlg direct the respond.ent Nos.2 to 6 not to dispossess the petitioners from their piuqte pattq land-s in an extent of Ac.1.28 Wntas sia,plted in Sg.No.S1O/A/ 1 and in an extbnt of Ac.O.34 guntas situated in Sg.No.S1S/AA and land in an ertent of Ac.1.2O g)ntas in Sg.No.S10/A/2/ 1 and in an extent of Ac.O.O4 guntas of fu.No.S1O/A/2/3 and Ac.O.3S guntas situated in Sg.No.515/A/ 1 situated at Dhamsalapuram uillage, Khammam Urban Mandal, Khammam Distict ang further for uid.ening the 3O feet uide road to 1OO feet wide road ruithout follouting due preess of la ut...."

2. Considered the submissions of Sri V. Brahmaiah Chowdary, learned counsel for the petitioners; learned Assistalt Government Pleader for Revenue appearing for respondent Nos. 1 to 4 and learned Assistant Government pleader for Roads and Buildings appearing for respondent Nos.S and 6. 2

3. It is stated that tJle father of petitioner No.2 was the absolute owner and possessor of agricultural land admeasuring Ac.1.28 guntas in Sy.No.s1O/A/1 and Ac.O.35 guntas in Sy.No.515/A situated at Dhamsalapuram Village, Khammam Urban Mandal, Khammam District, and after his demise, the said property has been inherited by the petitioners and the revenue authorities have mutated their names in the revenue records and also issued pattadar passbooks and title deeds in their favour. The case of the petitioners is that during the lifetime of their father, when the respondent-authorities have tried to lay a new road in the lands in Sy.No.SlO /A/ | by widening the existing road without following the due process of law, he was constrained to file W.P.No.l7O39 of 2Ol7 on the file of this Court and by order dated 18.05.2017, this Court has directed the respondents not to meddle with the private property of the petitioner therein except, in accordance with law.

4. learned counsel for the petitioners submitted that even though tJ is Court by order dated 18.O5.2017 in W.P.No.17O39 of 2OL7 has directed the respondent-authorities not to interfere with the private property of the petitioners, respondent Nos.2 to 6 herein are trying to dispossess them from the subject properry, .) without following the due process of law, under the guise of widening the existing 3O feet wide road to 1O0 feet wide road and ttre said action on the part of respondent Nos.2 to 6 is illegal and arbitrary.

5. Learned Assistant Government Pleader for Roads and Buildings appearing for respondent Nos.S ald 6, placed instructions of respondent No.S-the Executive Engineer, R & B \ Division, before this Court, wherein it is stated that t]re Government has accorded Administrative Sanction for tfte road 'Widening and Strengthening of Khammarn-Kodumuru (Via) Allipuram road from km O/0 - 12/O including TWo Minor Bridges in Khammam District (Working reach from O/3 - 7/Ol" ur:der Central Road Infrastructure Fund (CRIF) Scheme for Rs.25O0.00 Lakhs and work is in progress. It is also stated that the road from Khammam to Kodumuru belongs to R & B Department and having 3O meters Right of Way (ROW) arrd the road is being widening within the available ROW without encroaching the petitioners land.

6. [n view of the above submissions and since it is stated that the respondent-authorities are strictly proceeding with the road widening works by following due process of law, this writ petition 4 is disposed of by directing the respondents not to interfere wittr the lands of the petitioners beyond the ROW. However, the petitioners are at liberty to file appropriate apptication seeking compensation, if tlle respondents encroach upon any portion of their lands beyond tJ e ROW. No order as to costs. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. SD/-S,MALLIKARJUNA RAO ASSISTANT REGISTRAR //TRUE COPY// TION OFFICER

1. The Principal Secretary, Revenue Department, Secretariat, State of Telangana, Hyderabad.

2. The District Collector, Khammam District at Khammam. 3. The Revenue Divisional Officer, Khammam Division, Khammam District. 4. The Tahsildar, Khammam Urban Mandal, Khammam District. 5. The Executive Engineer, Roads and Buildings Department, Khammam, Khammam District. Nagar, Khammam, Khammam District.

6. The Superintending Engineer,, Roads and Buildings Department, Raparthi 7. One CC to Sri V. Brahmaiah Chowdary, Advocate [OPUC] 8. Two CCs to GP for Revenue, High Court for the State of Telangana, at Hyderabad [OUTI

9. Two CC to The GP for Road and Buildings, High Court for the State of Telangana, at Hyderabad[Otfi] '10.Two CD Copies A To, TJ BS HIGH COURT DATED:09l,0112025 ORDER WP.No.1039 of 2025 I (\. ;, o .\ k t *',jc,i 0 3 fiAt 2825 D5 q p/,T C t etl PrsPostNG oF THE WR|T PET|T|ON WITHOUT COSTS