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 a writ, order or direction more particularly one in the nature of writ of Mandamus to declare that the action of the Respondent Nos. 3 to 5 in proceeding with cc road work under MGNREGS in Petitioner's private patta land admeasuring to an extent of Ac 0-1 160 Gts in Survey No. 116/4, situated at Gundi Village, Asiiabad tr/andal, without laMul acquisition, and the impugned notice beari-ng Notice No.01/GPG:2O25 dated 16.04.2025 in respect of cc road work from Gram Panchayath office to house of Kodurupaka Poshanna, is as being illegal, arbitrary, and unconstitutional, unfair and unjust and in violation of Articles 14:21 and 300-4 of the Constitution of lndia and against to principles of natural justice and consequently, direct the Respondent Authorities to immediately halt tonstruction of the CC road under MGNREGS in and around Petitioner's land in Survey No. 1161A of Gundi Village, pending legal verification and acquisition process, joint field inspection and survey of the proposed ()C road site and impact of social assessmelt, pending disposal of the above Wit P€,tition lA NO: 1 OF 2025 Petition undt;r Section 151 CPC praying that in the ,:ircumstances stated in the affidavit filed ir support of the petition, the High Court lay be pleased to stay all further construction or road-laying activity in and arounc the Petitioner's private patta land in Survey No. 1 16/4, situated at Gundi Villalle of Asifabad lVlandal under t\4GNREGS;, in pursuance of impugned . nrttice bearing Notice No.01/GPG/2025 clated 16.04.2025 issued by the Respondent No. 5 in respect of laying of CC road from Grampanchayath Office to house of Kodurupaka Poshanna, as parl of this road work the Respondent No. 5 leveled Petitioner's private land, pendirrg disposal of the above Wit Petition lA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the ,:ircumstances stated in the affidavit filed ir support of the petition, the High Court may be pleased to suspend the impugned notice bearing Notice No.01/GPG|2O25 dated 16.04.2025 issued by the Respondent No- 5 in respect of laying of CC road from Grampanchayath (.tffice to house of Kodurupaka Poshanna under It/GNREGS, as part of this road wr.,rk the Respondent No. 5 leveled Petitic,ner's private land in Sy No.1 16/4 situated in Gundi Village of Asifabad fVlandal, pending disposal of the above Wit Petrtion Counsel for the Petitioner: SRl. VENU CHEGGAM Counsel for the Respondent Nos.1 ,3&4: GP FOR PANCH AYAT RAJ RURAL DEV Counsel for the Respondent NO.2: GP FOR REVENUE Counsel for the Respondent No.5: SRI A. PRADEEP REDDY SC FOR GP The Court made the following: ORDER I I t i I i I THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITIONN0.13070 of2025 ORDER This Writ Petition is frled challenging the action of the respondents in proceeding to lay CC road in the petitioner's private patta land admeasuring Ac-0.1160 gts in Sy'No'116/A' situated at Gundi Vitlage, Asifabad Mandal, without following due process of Iaw as illegal and arbitrary.

2. Leamed counsel for the petitioner submitted that the petitioner is the owner and possessor of land admeasuring Ac'0' 1 160 guntas in Sy.No.l16/,4. situated at Gundi Village, Asifabad Mandal' Learned counsel lor the petitioner further submitted that respondent No.5 issued notices to the petitioner stating that the CC road has been sanctioned in Gundi Village and certain structures of the petitioner's house are obstructing the said road and to submit objections, if any to the proposal to lay the CC road. The grievance of the petitioner is that in spite of submitting written objections, without considering the I I same, the respondents are proceeding to lay the CC road' Therefore' the present Writ Petition has been hled' t / Z TI,1DJ wP_13070_2025

3. Leanred Standing Counsel for the (iram panchayat, appearing lbr respondents No.4 and 5, has produced a copy of the letter dated 2';.: .01.2025 issued by respondent No.5 and submitted that in view of th,: objections being raised by the petitioner and others, respondent No.5 rssued a letter dated 22.04.2.02:; to the Mandal Revenue Offir:er'. .A.sifabad Mandal, requesting to oonduct a survey and that the action is awaited.

4. In vir,w oi'the above submissions made by both the parties, this Court dirccts tl.re respondents not to take any ste.ps to lay the CC road on the su br.ject land till the survey is completed by the Surveyor. It is needless ro rnention that the sur-vey shall be txrnducted in the presence of tht: petitioner.

5. With ,he above dir.ections, this Writ petitior is disposed of. There shall be to order as to costs. 6 Misce ilaneous applications, if any, pending in this writ petition, shall stand closed SD/- V.KAVITHA //rRUE coPY// A?.EPUTY-REGISTRAR \ SECIoN oFFrcER f) 1 . The Principal -a ecretary, Department of Panchayat Rai a nd Rural Development, llecretariat, Hyderabad, Telangana. To,

2. The District Collector, Kumuram Bheem Asifabad District-, Telangana State.

3. The District Panchayat Deveropment officer, Kumuram Bheem Asifabad District, Telangana State.

4. The Mandal Parishad Development Officer, Asifabad Mandal, Kumuram Bheem District, Telangana State. lVlandal, Kumuram Bheeh Asifabad Distrlci, ietangana State.

5. The Panchayat Secretary, Qrg pqry.hayat Office, Gundi Vlltage, Asifabad 6. One CC to SRt. VENU CHEGGAIT/ Advocate tOpUCl 7. One CC to SRt A PRADEEP REDDY SC FOR Gp [OPUC] 8. Two CCs to Gp FOR PANCHAYAT RAJ RURAL DEV ,High Court for the State of Telangana. [OUT]

9. Two CCs to Gp for Revenue, High Court for the State of Telangana at Hyderabad. [OUT] 1 KKS

0. Two CD Copies M HIGH COURT DATED:2810412025 CC TODAY I I ORDER WP.No.13070 of 2025 IHE S14 1 ,f( L k n- -J C o Il1 lllAy Zm -z ..,'.r { )-- -: sA{ -T Cli- . r.2' .-\_-:_:-.- \ DISPOSING THE WRIT PETITION WITHOUT COSTS q I I : : l I i I I I I t I I i I i i i I 1 ,