The Court made ll e f rllowing ORDER a) HON'BLE SRI JUSTICE C v. BHASKAR REDDY U/RIT PETITION No
Case Details
Acts & Sections
Petitiorr l-.J'r:er iiection 15'1 CPC praying that in the citcrrrstances stated in the affidavit liler n support of the petition, the High Court may be pleased to direct the respr,n jerts to restore the 14 Feet Pathway/roa,i to its original condition by,;losi.g t-re old well or by constructing steaning,pr,'rtection wall to it situated in Sy Nc 36' at Chakunta Village, Choppadandi I\4arrdal, Karimnagar District forthwith ct nd ng disposal of the above writ petition. Counsel for ther : e,titioner : SRI C.RUTHWIK REDDY Counsel for ther i'erspondent Nos.1 to 3 : AGP FOR REVENUI- Counsel for ther ilespondent No.4 : AGP FOR HOME Counsel for the il()spondent Nos.5 to 10 : - The Court made ll e f rllowing ORDER a) \ HON'BLE SRI JUSTICE C. V. BHASKAR REDDY U/RIT PETITION No.128O8 of 2025 ORDER: This writ petition is fiIed seeking to declare the action of respondent Nos.3 and 4 in not taking any further steps to comply with the orders dated I4.O7.2O23 and O7.O2.2O24 in case No.Bl236/2023, passed by respondent No.3 for restoration of the 14 leet pathway/road to its original condition by ciosing well or by constructing steaning/protection wall in Sy.No.367 at Chakunta Village, Choppadandi Mandal, Karimnagar District, as i1legal, arbitrary and for other appropriate reiiefs.
2. Considered the submissions of the learned counsel for the respective parties and with their consent this writ petition is disposed ol at the admission stage.
3. It is stated that the petitioner is absolute owner of House No.2-25 in Sy.No.367, Chakunta Village, Choppadandi Mandal, Karimnagar Drstrict. It is also stated that there is a public pathway/ village road about 14 feet width existing in Sy.No.367 which leads to the petitioner house and agricultural lands of neighbours since more than a century and a well was ( I ! I I I I I 2 CVBR, J wJ , 12r.108 _2025 dug up t,esrri r the public way and no revetment or R{)C rings or wall rr,a: constructed around the well to protect the untowar(l i.r < c'e:rt. It is further stated that due to r u n rff w ater and eros'icr :h e well widened and the pathu.av h,rs been reduced fr-o r 1.: feet to 4 feet, thereby, causrng end,rnger to the humrrr-,, -att[e, bullock carts and vehicles passirrg t}rrough said patln,.ru I, is stated that petitioner and otlrer vrllagers made a lelr t)srlntation to respondent No.3 req -rer;ting to initiate r ec,'.isary action against the owners ol thir s,aid well and takr: s rr t'tr- measures to restore the c,rigiL-r,:1 I4 feet publicu,ay r 1r:th\:,ray to prevent any damage to the f,lbl c. cattle etc. Acting rpr>n the said complaint, respon<1ert Nr.3 ulde order dz,-t,:'r .4.O7 .2023 in Case No.B /236120 2 l, directed respondent ll rs. J to 10 herein to restore the pathu av z:s it was existing pr e .iorrsly by duiy providing stealinq/ 'encing/ protectiol r,:11 cr to close the said well permarentLy on or before 2 5 A-' 2023. It was further ordered thert fr Liling to comply u-it-h tre orders for restoration of the wav tr, ,hr normal width of l.{ !e.et by making RCC steaning/CRS sre arring, the well will be ,:los;ed by the Government expenditrrre and the same shzrll I r . :'e,:overed from the respondents as a,-rea -s of the *f&?-"it-,{: 3 CVBR, J w_12808_2025 Land Revenue as per the provisions of the Telalgarra Revenue Recovery Act, 1864. It is further stated that despite receipt of the said order passed by respondent No.3, respondent Nos.5 to 1O failed to comply with the same ald thereby, there is a possibility of loss of live of human and cattle within the vicinity of viliage. As such, the petitioner has made a representation to respondent No.3 for implementation of the order dated 14.07.2023 and acting on the same, respondent No.3 has passed the order dated O7.O2.2024 in Case No.B/236/2023 directing respondent No.4 to initiate criminal proceedings against respondent Nos.S to 10 by registering a criminal case and submit action taken report along with FIR. The grievance of the petitioner is that despite the said order dated 07.O2.2O24, respondent No.4 has not taken any action against respondent Nos.5 to 10. Hence, the present writ petition.
4. Learned Assistalt Government pleader for Home appearing for respondent No.4 has submitted that pursuant to the order dated O7.O2.2O24 passed by respondent No.3, respondent No.4 has registered cases against respondent Nos.5 to 10 for not complying with the orders passed by respondent 4 CVBR, J 1vp 2fi08 2025 No.3 for t'e,s ,r -rtt ton of the way to the normal rvidtlr of 1'l Feet by making F (. () siteaning/CRS steaning.
5. A 1;er - ,a[ of the order dated 14 .O7 .2023 rarjsed by respondent lrc.ll in Case No.B/23612023 u'oulcl tev:al that respondent r r 3 has directed respondent Nos.5 to () t() restore the wa1' tc i, s original position duly providini3 s eaning/ fencing/ pro ,' ::ion wall or to close the said u'ei1 rrr'rr': ranently on or belote .'5.t,)7.2023. It was further directed ttrat larling to comply u jth l re orders for restoration of the u'a)' tt, -ht normal r,vidth of I .{ I e'er by making RCC steaning/CRS st<'aring, the well ni11 're -l rsed by the Government expenditt-rre rlld the said expenditrr re ,i'o rld be recovered from the tespollc enLs as arrears of l, rr rl levenue as per the provisions of the Tt lalgana Revenuc Iletr,r'er-y Act, 1864. However, despite the st icl order dated I z-.1:) ' 20:13, even after a lapse of tu.o yeais also no action hz,.s 1,,':rr taken by respondent Nos.5 to 10.
6. In vi,: r c,f the above, keeping in mind the pub ic interest, this Courr , l,'ern s it appropriate to dispose of rhe u ri1 petrtion directing r-(l;r c,n,lent No.3 to strictly implement the orcler dated
14.07 .2023 , nd to take all possible steps for clrs,ure of the I I \ I I I i l I I I t - I I I __*...3_- --;--:t',i:.,iL},a 5 CVBR, J wp 72aOa_2O25 well, as expeditiously as possible, preferably, within a period of six (06) weeks from the date of receipt of a copy of this order.
7. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. SD/-A.H.S. GOWRI SHANKAR ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER tariat, State of
1. The Principal Secretary, Revenue Department, S Telanoana at Hvderabad
2. The D'istrict Collector, Karimnagar District' i: iii; T";.'har, cr,oppaoandi IVLndal, Karimnagar District 4. The Station uouse otticJi,-CrroppiJinoi Polic6 Station' Karimnagar District i. f*" CCi to Cp fOn nEVf f.f Ut=, Higfr Court for the State of Telangana at o. r'iro"cCJt. 6p rbn HoME' High Court for the State of Telangana at z oi B. Two CD CoPies cb io dnt c.nurHwlK REDDY, Advocate [oPUC] Hyderabad. [OUT] Hvderabad. [OUT] " To t^ SA Mes === :- '.\ STrr-,;! t\E I i ) 11 J rl 'rji ' )l ( ,) ;r g c o \), I HIGH COUFiT DATED:2510'4112025 ORDER WP.No.12808 ot 2025 I i l DISPOSING OF THE W.P WITHOUT COISTS. ) \ \b II