High Court · 2025

't. Smt. Yerla Upendra, Wo Bal Reddy, Aged aQgu! 5! yea.rs,.Occ'.Agriculture, Kacharam Village of Yadagirigutta Mandal' Yadadrr Z. VaiOV-uf afiiupati, S/o Swamy, Aged abo.ut 45 years, Occ. Agriculture,^Rl/o H' - No.-i-Sgla,'Kabharam Villlge-of yadagirigutta IVlandal, Yadadri Bhongir :. VaiOvuta Naravana, S/o Narsaiah, Aged about 60 years, Occ. Agficulture, Fi./o - 1iri1, kachaiam Vittage of Yadagirigutta Mandal, Yadadri Bhqnglr District. . . 4. va-iavrila P;i[air,, slo 6wamy, Rgid-aoout 38 years. occ Agiicultur",.flo. I ruo. i-gg, Kacharam Village of Yadagirigutta 1Vlandal, Y_adadri tshongrr Urstnct- 5. VaidyulaKavitha, W/o Tirupati, Aged about.43 vears. Occ.AgltY]tYI",^Y-o-l: No. i-99/4, Kacharam Village of Yadagirigutta [vlandal, Yadadn Bhongrr District. o. VeriaafiasXar Reddy, S/o Krishna Reddy,- Aged abgu! +p years, Occ' - noiicufture nyo H. No. 2-2o-45t'l2tc, neai SV Model School, Chilkanagar, Uipal, Uppa lMandal, Medchal District. z. V5iii's-iritosr, neOoy, S/o Krishna Reddy, Aged about 40 vear9, o99' Agii""ftur",-nyo f-f. (d. t-ZSlg,Xacharam Vittage of Yadagirigutta tvlandal, Yadadri Bhongir District. e. verlaFraihinin n"iov, S/o Bal Reddv, Aged about 2p vears,. occ' " ngricufirie,-Ryo H. Nol'Z-tOAlt, Kacharam Village of Yadagirigutta Mandal, Yadadri Bhongir District. ..'ET.TIONERS AND Secretariat, HYderabad.

1. The State of Telangana, Rep. by its Principal Secretary Revenue Department, 2. The Districi C6rllector, YadadriBhongir District at Bhongir' -. 5. fi.i" n"-u"nre Oivisionat Officer, Bhdngir Division, Yadadri Bhongir District. 4. The Tansildhar, Yadagirigufta Mandal, Yadadri Bhongir District' 5. Dadige Mallesh, S/o Narsaiah, Aged about 50 years' occ' Agnculture. ano - euJizuss, Fyo fi. ruo. t-+0, Kachiram Village of Yadagirigutta Mandal' Yadadri Bhongir District. ...RES'ONDENTS 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, declaring the action of respondent authorities, particularly respondents. No. 3 and 4 in not preventing the unofficial respo nd ent/respo nd en t. No.5 and his associate from encroaching the village road (Naksha Bata) in between Sy. No. 136 and 142 of Kachara m Revenue Village, this road leads to Raghunathpur Village to Alair R and B Road by considering the Mandal Surveyor Report, dated. 07 -O7 -2023 along with Panchanama and Village map, Mandal Revenue lnspector Report, dated.02-03- 2024 and Tahsildhar Letter, dated. 18-12-2024 and petitioners representations, dated. 12-02-2024 and O4-O2-2O25 as illegal, arbitrary against the principles of natural justice. Consequently, to direct the respondent authorities, particularly respondents. No. 3 and 4 to prevent the unofficial respondenVrespondent. No. 5 and his associate from encroaching the village road (Naksha Bata) in between Sy. No. I36 and 142 of Kacharam Revenue Village, this road leads to Raghunathpur Village to Alair R and B Road by considering the Mandal Surveyor Report, dated. 07-07-2023 along with Panchanama and Village map, Mandal Revenue lnspector Report, dated. 02-03-2024 and Tahsildhar Letter, dated. 18-12-2024 and petitroners representations, dated. 12-02-2024 and 04-02-2025 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 respondent authorities, particularly respondents. No 3 and 4 to prevent the unofficial res pondent/respondent. No.5 and his associate from encroaching the village road (Naksha Bata) in between Sy. No. 1:36 and 142 of Kacharam Revenue Village, this road leads to Raghunathpur Village to Alair R and B Road by considering the Mandal Surveyor Report, daled: 07 -07 -2023 along with Panchanama and Village map, Mandal Revenue lnsprector Report, dated. 02-03-2024 ztnd Tahsildhar Letter, dated. 1B-12-2024 arrd petitioners representations, dated. 12-02-2024 and 04-02-2025, pending disposal of the writ petition. Counsel for the Petitioner: SRl. CHALAKANI VENKAT YADAV Counsel forthe Respondent Nos. 1to4: SRI L. RAVINDER, AGP FOR REVENUE Counsel for the Respondent No.S: - The Court made the following: ORDER HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.8O54 of 2o25 ORDER This Writ Petition is filed seeking to declare the action of respondent Nos.3 and 4 in not preventing respondent No.5 and his associates from encroaching the village road (Naksha Bata) in between Sy.No.i36 and Sy.No. 142 of Kacharam Revenue Village, to reach R & B Road leading from Raghunathpur Village to Alair by considering the report, dated O2.03.2024 submitted by the Mandal Revenue Inspector, the letter of respondent No.4, dated 18.12.2024 and representations, dated 72.02.2024 and O4.O2.2O25 as illegal, arbitrary and violative of principles of natural justice and consequently, prayed for other appropriate reliefs.

2. It is stated that the petitioners are the pattadars and possessors of the agricultural lands situated in Sy.No. 142 and other survey numbers of Kacharam Village. It is further stated that a Village road (Naksha Bata) is in existence in between Sy.No.136 and Sy.No. I42 ol Kacharam Village to reach the R & B road leading from Raghunathapur to Alair and the same is encroached by respondent No.5 and as such, the petitioners made representations, dated 12.O2.2024 and 04.O2.2O25 2 CVBR, J Wp_8054_2025 : seeking for removal of encroachments of the village road. The grievance of the petitioners is that even after receipt of the said represen tations, the respondent authorities did not consider the

3. Consiclered the submissions of the learned counsel for the petitioners zLnd Sri L. Ravinder, learned Assistant Government Pleader for l?evenue appearing for respondent Nos.1 to 4 and with their ccnsent, this writ petition is being disposed of at the admission st age. In view of the nature of relief sought for in this writ petition, issuance of notice to respondent No.5 is dispensed rvi th.

4. Sri Chalakani Venkata Yadav, learned counsel for the petitioners, Lras vehemently contended that the road is riepicted in the Viilage Revenue Map prepared under the provisiorLs of the Telangana L,and Revenue Act, 13 1 7 Fasli. Learned counsel further submits that as per Section 24 of tine Act, alt public roads, lanes paths, bridges, ditches, dikes, rivers, streams, tanks, ponds, canals, lakes and flowing water and all lands are vested with tl-re State free lrom all encumbrances and therefore, duty is czLst upon respondent No.4 to remor/e the encroachments of the village road/naksha bata to enable the t I 3 CVBR, J Wp-8054_2025 petitioners and other adjacent land owners to have ingress and egress to reach their fields 5 Learned Assistant Government pleader for Revenue appearing for the respondent authorities has submitted that when the action has been initiated by respondent No.4 to remove all the encroachments from the village road, claiming that there was no existence of road, respondent No.5 herein filed W.P.No.36578 of 2024 before this Court and the same Was disposed of on 27.I2.2024 directing the respondent authorities to protect the said road from the encroachment.

6. Before proceeding further, it is apt to refer to the relevant portion of the order, dated 2Z .12.2024, passed in W.p.No.3657g of 2024, which is as under:- '5. Be that as it may, since it is the case of the petitioner that there is no existing road as depicted from the village revenue map/village naksha and if the respondents wants to lay any new road from the patta lands of the petitioner, they are directed to follow the procedure as contemplated under the provisions of the Act, 2013. Further, if there is any existing road as depicted from the Village Revenue Map, the respondents are directed to protect the said road from the encroachment and before initiating any action over the lands of the petitioner, the respondents shall issue notice to the petitioner and follow due process of law." I I 4 CVBR, J Wp.8054 2025

7. A carelul reading of the said order would reveal that there is a direction to the Tahsildar-respondent No.4 to examine the revenue records i.e., Village Revenue Map and other records and if there is e::isting road, the Tahsildar was directed to protect .the same !y rcmoving all the encroachments. The grievance of the petitioner-s is that even after the directions issued by this Court in W.I,.No.36578 of 2024 Iiled by respondent No.S, no action has be en initiated for removal of the encroachments and hence, the petitioners have made representations, requesting respondent Nos.3 and 4 to remove the encroachments from. the village roacl/ naksha bata, strictly in conformit5r with the observations rrade by this Court in W.p.No.365Tg of 202,1. B. In view of the above submissions, respondent No.4 is directed to examir-re the representation s, daLed 12.02.2024 and

04.O2.2O25 sr_rbmitted by the petitioners and take appropriate action strictly in accordance with law, .within a period of four (04) weeks from the date of receipt of a copy of this order and rn the enquiry, il- it is found that there are encroachments on the village road/nraksha bata, respondent No.4 is directed to remove the said encroachments after issuing notice to the persons, who are in encroac.hment of the said village road. I I a::., - ,-:'ri'r-: {

9. With the above observations, this Writ petition is disposed of. There shall be no order as to costs. CVBR. J Wp_8054 2025

10. As a sequel, the miscellaneous petitions pending, if any, shall stand closed' sD/- T. TTRUMALA DEV' T NT REGISTRAR AS //TRUE COPY// S CTION OFFICER To, 1l

1. The Principal Secretary Revenue Department, Secretariat, T'S ,Hyderabad' 2. The Distriit Collector, YadadriBhongir District at Bhongir. 3. The Reuenre Divisional Officer, Bhongir Division, Yadadri Bhongir District' 4. The Tahsildhar, Yadagirigutta Mandal, Yadqdr! Bhongir Dis!1c-!r .^- 5. One CC to SRi. CHALAkANI VENKAT YADAV, Advocate [oPUc] 6. Two CCs to GP FOR REVENUE ,High Court for the State of Telangana at Hyderabad [OUT]

7. Two CD Copies BM GJP w HIGH COURT DATED:1 810312025 ORDER WP.No.8054 of 2025 CC TODAY (,1 siArs 1\ a. ':f () 7'z t+ 2 E t{[R zffi * i) r: \!.:'.. DISPOSING OF THE WRIT PETITION WITHOUT COSTS v