High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the action of the respondent Nos. s and 6 in proposing to lay the road through the petitioners open land in Sy. No. 1311 and 14l1 admeasuring Ac. 0.07 % gls., and Ac. 0.03 gts., total admeasuring Ac. 0.10 % gts., situated in Mallaram village within Mallaram Gram Panchayat, Tallada Mandal, Khammam District only to facilitate some vested interested persons by way of creating a Resolutron dl. 81712022, without any notice and without following the procedure contemplated under the Statute as being illegal, l -------7 arbitrary, unjust and u nconstitutional and consequently direct the respondent Nos.5 and 6 herein not to take any coercive steps without following the due proess of Law. lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed rn support of the petition, the High Court may be pleised to direct the Respondent Nos. 5 and 6 not to dispossess the petitioner or lay the road through the petitioners open land in Sy.No. 1311 and 14l'1 admeasuring Ac. 0.07 % gts., and Ac 0 03 gts., total admeasuring Ac. 0.10 % gts., situated in Mallaram village within Mallaram Gram Panchayat, Tallada Manflal, Khammam District, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI KARUNAKAR REDDY Counsel for the Respondent No.1 to 3: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent No.4 to 6: SRI P.KISHORE RAO, SC FOR GRAM PANCHAYAT The Court made the following: ORDER l THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.3ll3 OIr 2023 ORDER: This Writ Petition is filed seeking a Writ of Mandamus declaring the action ofrespondents No.5 and 6 in proposing to lay the road through the petitioner's open land in Sy.Nos. 13/l and l4ll admeasuring Ac.0.07 % gts. ard Ac.0.03 gts., total admeasuring Ac.O.10 % gts. situated in Mallaram Village within Mallaram Gram Panchayat, Tallada Mandal, Khammam District, by creating a resolution dated 08.07.2022 without issuing any notice to the petitioner and without following due process as illegal and arbitrary.

2. Brief facts leading to the filing of the present Writ Petition are that the petitioner claims to be the owner of land to an extent of Ac.0.07t/z gts. in Sy.No.l3/l and Ac.0.03 gts. in Sy.No.l4ll total admeasuring Ac.0.l0 % gts. situated in Mallaram Village within Mallaram Gram Panchayat, Tallada Mandal, Khammam District and respondents No.5 and 6 are attempting to lay the road through the land of the petitioner and therefore, the present writ petition was filed.

3. Learned counsel for the petitioner has referred to the photographs filed at page numbers 38 to 4l to demonstrate that the \ 2 rMo,) wp_3113 2023 land belonging to the petitioner was having a fence and that the respondents have lbrcibly removed the fence poles and are trying to lay the road. [-eamed counsel for the petitioner also has referred to the enquiry report of the Panchayat Secretary dated 28.03.2022, whereunder after the field enquiry, it was observed that there was no evidence as to whether there was a road or not in the saicl area. It is submitted thal contrary to the same, the respondents have passed a resolution for laying the road without following any process of law and therefore, it is iltegal and arbitrary. Leamed counsel for the petitioner has also referred to the revenue records from the year 1995- 1996 to 2016-11 ro demonstrate that the name of the petitioner,s father was recorded as the owner of the patta land in Sy.Nos.13/l and t4lt.

4. Learned Standing Counsel for Gram Panchayat, appearing for respondents No.4 to 6, relied upon the counter affidavit by respondents No.5 and 6 and submitted that the petitioner has not shown any document to prove that he is the owner of the subject land.

5. Having regard to the rival contentions and the material on record, this Court flnds that the petitioner claims to be the owner of the subject land in Sy.Nos. l3ll and l4ll and has filed the copies of 3 TMD,J wp_3113_2023 the pahanis from the year 1995-96 to 2015-16. In fact, it is the gram panchayat, which has not placed any document/record to demonstrate that the said land belongs to the gram panchayat or the existence of any road in the subject land. Therefore, this Court is of the opinion that the respondents No.5 and 6 cannot proceed with laying of the road in spite of the resolution passed by the gram panchayat without following due process of law. Admittedly, from the photographs, it appears that the petitioner is in possession and the respondents are trying to dispossess them by removing the fencing poles. The high- handed action of respondents No.5 and 6 without following due process ol'law cannot be sustained. In view thereof, respondents No.5 and 6 are directed not to interfere with the possession of the petitioner over the properly without following the due process of law

6. With the above directions, this Writ petition is disposed of. There shall be no order as to costs. 7 Miscellaneous petitions, if any, pending in this Writ petition, shall stand closed. //TRUE COPYII SD/- P.Ch. NAGABHUSHAMBA ASSISTANT REGISTRAR .': sECTION OrrtCen lf-Lr:L"^,fql, S;glgtar.V,Janchayat Raj and Rurat Devetopmenr Department 5ecretanat. Hyderabad, state of Telang-ana. \ To, 1

2. The District Collector, (pR), Khmamam District At Khammam. 3. The District Panchayat Officer, Khammam District. 4 The Mandal Parishad Development Officer, Tallada Mandal, Khammam District II --7/

5. The Secretary, [r/allaram Gram Panchayat, Mallaram village, Tallada Medal, Khammam District. \ Khammam District O Il" Sarpanch, Mallaram Gram Panchayat, Mallaram village, Tallada Mandal, / T One CC to SRI KARUNAKAR REDDY, Advocate tOpUCl B. One CC to SRI P KISHORE RAO, SC FOR GRAM PANCHAYAT tOpUCI 9. Two CCs to GP FOR PANCHAYAT RAJ RURAL DEV, High Court for the State of Telangana at Hyderabad [OUT]

10.Two CD Copies BSR GJP HIGH COURT DATED: 1910212025 I ,v 1.4 w F & o \' \ .4 f,1 C sS- \: e*J ( \ + 7 * o UJ (, '/ I I ORDER WP.No.3113 of 2023 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS @ +d, ,tl