High Court · 2025

circumstances stated in the affidavit filed therewith, the High Court may be pleased to Writ of Mandamus declaring the action of the respondents in illegally laying road in Sy.No. 312 instead of Sy.No.311 without acquiring the land of the Petitioners i.e. property in Sy.No. 312 situated at Dundigal Village' Medchal Malkajgiri District, belonging to the Petitioner as illegal, arbitrary and untenable and consequently directing the respondent no.2 and 3 to remove the road from Sy.No. 312 situated at Dundigal Village, Medchal Malkajgiri District. 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 preased to stay all further proceedings in extending the road without due process of raw, incruding dispossession of the petitioner in Sy.No.3.l2, situated at Dundigal Village, Medchal Malkajgiri Districtbelonging to the petitioner. Counsel for the Petitioner : SRI K.V.MALLIKARJUNA RAO Counsel for the Respondent Nos.1 & 3 : AGp FOR REVENUE counsel for the Respondent No.2 : sRr V.NARSTMHA GouD, s.c. FoR HMDA The Court at the stage of admission made the following ORDER I THE HON' BLE SRI JUSTICE C.V.BHASXAR REDDY WRIT PETITION No.12999 of2025 ORDER: This writ petition is filed seeking following relief: 'For the reasons stated in the accompanAing alfidauit It is therefore proyed that this Hon'ble CourT mag be pleased Writ of Mandamus- declaring tlte action of the respondents in illegallg laging road in Sg.,lVo. 312 instead of Sg.No- 311 without acqtiring the land. of the Petitioners i.e. propertA in Sg.lVo. 312 situated' at Dundigat Village, Medchal Malkajgii Distict, belonging to tle Petitioner as illegal, arbitrary and untenable and consequentlA directtng the respon'lent no'2 and 3 to remoue the road from Sg-No. 312 situated at Dndigal Village, Medchal Malkajgii Distict andpass such other order or orders as this Hon'ble Court mog deem ft and proper tn the circuntstances of the case."

2. It is stated that the petitioner is the absolute owner and possessor of the land admeasuring Acs. 2.i6 guntas in Survey No.312, situated at Dundigal Village, Medchal-Malkajgiri District (for short, 'the subject land') and her name was mutated in the revenue records and pattadar passbook and title deed were issued to the petitioner uide Passbook No.T06040030256 as per the provisions of the Telangana Rights in Land and Pattadar Passbooks Act,2O2O (for short, 'the ROR Act,2O2O). The grievance of the petitioner is that the Government has laid road in the land of the petitioner in Survey No.312 deviating from the original alignment of road in Survey No.31 1. Hence, the present writ petition.

3. Considered the submissions made by the learned counsel for the parties and with their consent, this writ petition is disposed of at the admission stage. ./ I 2 CVBR. J u'. P.No.12999 of 2ois

4. learned counsel appearing for the petitioner vehemenfly contended that the respondents instead of laying road in survey No.311 are forcibly occupying the land of the petitioner in survey No.3 12 and are making efforts to ray the road/expa:nsion of the existing road. Learned counsel for the petitioner also relied upon the report of the 3,d respondent_ Tahsildar uide Lr.No.B/2go/2022 dated 31.03.2022 wherein ir is stated that the matter has been enquired by the Mandal Girdawar and Mandal Surveyor, Gandimaisamma_Dundigal Tahsil, who reported that they inspected the lancls in Survey Nos.31 I and 312 and on phvsical verification it was found that the road was laid in Survey No.3l2 and in fact, as per Vilrage Naksha' the road falls in survey No.3 r 1 and submitted a report encl0sing sketch and Googre map. It is further submitted that the petitioner is the pattadar or land and the revenue authoritics also issued pattadar passbooks and titrc deeds in respect of the subjec r tand uide passbook No.TO6O40O30256 as per the provisions of the ROR Act, 2O2O and the respondents without issuing any notice or proceedings are making efforts to the change the alignment of the road/expansion of the road by encroaching the lands of the petitioner forming part of Survey No.3l2.

5. Learned Assistant Government pleader for Revenue appearing for the respondents disputing the above submissions has stated that the respondents have only undertaken the work of extension of the existing road forming part of Survey Nos.31 I and 312 and the said road is having ingress a$dggress to the neighbouring owners since rong time. Learned Assistant 3 CVBR, J W.P.No.12999 of 2025 Government Pleader further contended that the respondents have only undertaken the work of expansion of existing road and they are not encroaching the petitioner's patta land in any manner.

6. From the above submissions, it is see4 that there is a serious dispute relating to the existing road i.e, whether the same is forming part of Survey Nos.311 and 312 as claimed by the respondents or the same is laid in Sy.No.312 of patta lands of the petitioner or they are proceeding for expansion of the existing road in the right of way vested in the State. In the opinion of this Court, these issues are required to be adjudicated by considering the documents and evidence in appropriate proceedings- Since it is stated by the respondents that expansion of right of way does not affect the petitioner's patta lands, in any manner, this Court recording the said statement, deems it appropriate to dispose of the writ petition directing the respondents to initiate appropriate proceedings under the Land Acquisition Act, 2O13 if any manner, the lands of the petitioner are affected either for expansion of existing road or for laying new road. The petitioner is permitted to make a representation on the file of the District Collector, for initiating proceedings under the provisions of Land Acquisition Act, and in the event of making such representation, the respondent-authorities shall consider the same and pass reasoned orders, in acco e with law.

7. With the above observations, the Writ etition is disposed of. There shall be no order as to costs : I I I I I 4 .1 CVBR, J W.P.No. 12999 of 2025 Miscellaneous applications pending, if any, shall stancl closed. //TRUE COPY'

1. The Principal Secretary, Revenue Departm 2 J Telangana at H yderabad The Commissioner, H.M.D.A. Hyderabad, Telangana The Tahsildar Dundigal Gand imaisamma Mandal. Telangana State Hyderabad. [OUT]

4. Two CCs to GP for Revenue, High Court for the State of Telangana at 5. One CC to SRt K V.MALLTKARJUNA RAO, Advocate [OPUC] 6. One CC to SRt V.NARSTMHA GOUD, S.C. for HMDA iOpUCi 7. Two CD Copies Sd/. MOHD. ISMAIL EPUTY REGISTRAR SECTION OFFICER a Secretariat, State of State Medchal Malkajgiri Dist, I o -t To SA I I j I I I I I I I I HIGH COURT DATED:01 10512025 ORDER WP.No.12999 ot 2025 ) ,) tl E S 'll I(' c)1 (' 2 2 At{ Y z025 t t) F , e. DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. lD