The High Court · 2025

Judgment

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6. THE STATE OF TELANGANA, Represented by its Principal Secretary, Revenue Department, Secretariat (Telangana), Hyderabad, DISTRICT COLLECTOR, Nagarkurnool District, Telangana, THE REVENUE DIVISIONAL OFFICER, Nagarkurnool District, Telangana, THE TAHSILDAR, Vangoor Mandal, Nagarkurnool District, THE I\TANDAL SURVEYOR, Vangoor Mandal, Nagarkurnool District, ARKAPALLI CHINNA BONDHAYYA, S/o. Naarayya, Aged about Notknown, Occ. Agriculture, Rl/o. Uppalpahad Village, Vangoor Mandal, Nagarkurnool - 509349,

7. ARKAPALLI NAAGAIMMA, D/o. Arkapalli Mallaiah, Aged about Notknown, Occ. Housewife, Rl/o. Uppalpahad Village, Vangoor Mandal, Nagarkurnool - 509349,

8. ARKAPALLI NIRANJAN, S/o. Agriculture, R/o. Uppalpahad 509349. Lakshmaiah, Aged about Notknown, Occ. Village, Vangoor Mandal, Nagarkurnool - ...RESPONDENTS

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 a Writ of Mandamus or any other appropriate Writ or Writs, Order or Orders declaring the action of Respondents more particularly the Respondent No.5 in not conducting enquiry and providing bata to subject property based on the representation made by the Petitioner dated 21 .O1 .2025, even after it was referred to Respondent No.5 by Respondent No.4 as illegal, arbitrary, unjust and also in violation of principles of Natural Justice and DIRECT the Respondent Nos.4 and 5 to conduct enquiry and provide bata to the subject property, based on the representation made by the petitioner dated 21 .01 .202s. lA NO: 1 OF 202s Petition under section 15i 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 Respondent Nos.4 and 5 to conduct enquiry and provide bata to the subject Property, based on the representation made by the petitioner dated 21 .O1 .2025. Counsel for the Petitioner : SRI ANNAREDDY ARAVIND REDDY Counsel for the Respondents No.1to5: SRI L.RAVINDER, AGp FOR REVENUE Counsel for the Respondents No.6to8 : The Court made the following: ORDER ,l HON'BLE SRI JUSTICE C.V. BHASI(AR REDDY WRIT PETITION No.5499 of 2o25 ORDER: This Writ Petition is filed praying this Court to declare the action of respondent No.4 in not conducting enquiry and not removing the encroachments made by respondent Nos.6 to g over Naksha Bata situated in Sy.No.215, situated at Dindhichintalapalle Village, Vangoor Mandal, Nagarkurnool District, as illegal and arbitrary and consequently, prayed to direct respondent No.S to remove the encroachment of naksha bata/cart track/pathway and other appropriate reliefs.

2. It is stated that the petitioner is the owner and possessor of the land admeasuring Acs.2.29 guntas in Sy.No.2 lS/ UU situated at Dindichinthalapelle Viiiage, Vangoor Mandal, Nagarkurnool District. It is further stated that his name has been recorded as pattadar in ali the revenue records and pattadar passbook No.TO319017O642, dated 2O.O3.2O18 was also issued to the petitioner under the provisions of the Telangana Rights in Land and Pattadar passbooks Act, 2O2O (for short "the Act 9 of 2O2O"l. It is further stated that abutting to the petitioner's land there is a naksha bata/ pathway/ cart track depicted in the village revenue map prepared as per the 2 CVBR. J Wp 5499 2025 provisions ol the Telangana Land Revenue Act, 1317 Fasli (for short "the Act") and when respondent Nos.6 to 8 have encroached upon the qaid pathway, which is causing inconvenience to the adjacent owners to have ingress and egress to reach their lields, the petitioner has made an application, dated 21.O1.2025 before respondent No.4 seeking for conducting enquiry and remove the encroachments' The grievance of the petitioner is that even after receiving the said representation/ application respondent No.4 did not consider the same. Hence, this writ petition.

3. Considered the submissions made by the learned counsel for the petitioner and Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos. 1 to 5 and with their consent this writ petition is disposed of at the admission stage. In view of the nature of relief sought for in this writ petition, issuance o[ notice to respondent Nos'6 to 8 is dispensed with.

4. Sri A.Aravind Reddy, learned counsel appearing for the petitioner has vehemently contended that as per Section 24 of the Act, ail public roads, lanes, paths, bridges, ditches, dikes, rivers, streams, tanks, ponds, canals, lakes and flowing water J cvB& J Wp_s499_2025 and all lands are vested with the State free from all encumbrances and therefore, duty is cast upon respondent No.4 to.remove the encroachmetts of pathway/naksha bata/cart track to enable the petitioner and other adjacent land owners to have ingress ald egress to reach their helds.

5. Learned Assistant Government Pleader for Revenue appearing for respondent Nos.l to 5 has not disputed that all public roads, larres and paths are ve sted with the State and also not disputed that naksha bata is depicted in the village revenue I I map prepared under the provisions ofthe Act.

6. In view of the above submissions and since it is stated that the petitioner has submitted a representation/application, dated 2 1.01.2025 seeking for removal of encroachment of naksha bata/pathway/cart track situated in Sy.No.215 of Dindichinthalapalle Village, Vangoor Mandal, Nagarkurnool District, this Court is of the opinion that ends of justice would be met if respondent No.4 is directed to conduct enquiry and if the said enquiry reveals that there is an existing naksha bata/pathway/cart track, as depicted in the village revenue map, respondent No.4 shall take appropriate action for removal of the encroachments of naksha bata/pathway/cart track after 4 CVBR J wp 5499_2025 rssulng notice to a.ii the persons interested within a pericd of eight (08) weeks frcrn the date of receipt of a copy of this order. 7 With the above obse.-,,:tr-ions, this Writ petition is disposed of. There shall be nc order as to costs. 8 As a scquel, the miscellaleous petitions pending, if any, shall stand closed SD/.K.SREERAMA MURTHY ASSISIANT REGISTRAR //TRUE COPY// srCrtott oFFlcER To,

1. The Principal Secretary, Revenue Department' Secretariat (Telangana)' State Of Telanqina, HYderabad,

2. The District Collector, Nagarkurnool District' Telangana' 3. The Revenue Divisional Officer, Nagarkurnool District' Telangana' 4. The Tahsildar, Vangoor Mandal' Nagarkumool District' 5. The Mandal Surveyor, Vangoor Mandal' Nagarkumool District' 6. One CC to SRI ANNAREDDY ARAVIND REDDY' Advocate lOPUCl 7. Two CCs to GP FOR REVENUE, High Court for the State of'Telangana'

8. Two CD CoPies BS I(BSK HIGH COURT CVBR,J DATED:2510212025 ORDER WP.No.5499 of 2025 CC TODAY t\E 9fAIg 1 q o ?\\ 8jl u'y' 2 7 r[B 2S6 D.": ' DISPOSING OF THE WRIT PETITION WITHOUT COSTS I I ))