High Court · 2025

Sri. Ushanola Jangaiah, S/o. Venkaiah, aS.qq about .57- years,- Occ' Agii"rltrr", R/o. H."No. i-51/1, Rakamcherla Village and Mandal, Pudur, Vikarabad District. Sii.-rrt*prrir' eikya ruaik, S/o. K. Sheetya Naik, aged abolt 51 years, Occ nsii"rliuiS, F o. ultto. t-a, Rakamchedd Village, Pudur lt/andal, Vikarabad District' ...PETlrloNERS AND

1. The State of Telangana, Rep. By its Principal Secretary' Revenue Department, Secretariat, Hyderabad. 2. Th6 District Collector, Vikarabad District. 3. The Revenue Divisional Officer, Vikarabad District' +_ ftre ftrasitoar cum Joint sub Registrar, Puduru Mandal, Vikarabad Districl. s. sii. n/liLpilty @ uariian Pentaiai, S/o.1r/.Harijan Shivaiah, aged about 38 - ,"iii, OJ". d,r;inet., Fl/o. H.No. 5-1 1, Rakam'cherla Village, Pudur Mandal' O. Sii. tvtarepally @ Harijan Bhim Raj, S/o, M Hqrijan.Shivaiah, aged Vikarabad District - 501501 about.4gyeais,-Occ. Business, Fl/o. H. No. 1 -1 6, Rakamcherla Village, Pudur Mandal, Vikarabad District - 501501. ...RES'ONDENTS Petition under A(icle 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 a writ of Mandamus, declaring the action of the official respondents in failing to take any action against Respondents No. 5 and 6 for obstructing the public passage, pursuant to the representation of the petitioners dated 02.04.2025, as illegal, arbitrary, and in violation of fundamental rights guaranteed under Article 1 9(1 Xd) and Article 19(1 Xe) of the constitution of lndia and sections 24 and 157 of the Telangana Land Revenue Act, 1317 F' -7 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 official respondents to consider the representation of the petitioners dated 02.o4.2025 and take necessary action to restore the public road forthwith, without any further delay, oending the disposal of the above writ petition. Counsel for the Petitioners: SRI J.VENUDHAR REDDY Counsel for the Respondent Nos.1 TO 4: AGp FOR REVENUE Counsel for the Respondent Nos.5 & 6: -- The Court made the following: ORDER THE HON'BLE SRI JUSTICE c.v.BIIASKAR REDDY IVRIT PETITION No. 13319 of 2O25 ORDER: This writ petition is frled seeking following relief: 'For the reasons stated in the accompanying a{Iidavit, it is therefore prayed that this Hon'ble Court may be pleased to issue an appropriate Writ Order' or Direction' more particularly one in the nature of a Writ of Mandamus, declaring the action of the oflicial respondents in failing to take any action against Respondents No 5 and 6 for obstructing the public passage, pursuant to the representation of the petitioners dated O2.O4.2O25, as illegal, arbitrary, and in violation of fundamental rights guaranteed under Article 19(1)(d) and Article 19(1)(e) of the Constitution of India and Sections 24 and 157 of the Telangana Land Revenue Act, 1317 F and pass such further or other order or orders as this Honorable court may deem Frt and proper in the circumstance of the case and in the interest ofjustice " 2 agricultural lands in SurveY It is stated that the petitioners are the owners and possessors of Nos.34, 41,42,44 ar,d 46, situated at Mandal, Vikarabad District. It is further Rakamcherla Village, Puduru stated that there exists a passage connecting the agricultural lands of Rakamcherla Village and Keravelli Village, which has been in existence for SeveraldecadesandthesaidpassageServesaStheonlyaCCeSsrouteforthe petitioners and other farmers to reach their respective agricultural lands. It is further stated that ol 26.03.2025, respondent Nos.5 and 6 along with their men and two excavating machines (JCBs) have dug up the said public passage to an extent of approximately 30 feet in width and 3 feet in depth andcompletelyblockedthepublicwaywithoutanylawfulauthority,rightor title. The grievance of the petitioners is that they submitted a representation dated O2.O4.2O25 to respondent Nos'2 and 3 requesting them to take necessary aqllion to restore the public way, but till date.no action has been 2 CVBR, J W.P.No.13319 of 2O25 taken by the respondents on the said representation. Hence, the present writ petition 3 Considered the submissions made by the learned counsel for the parties and with their consent, this writ petition 1S disposed of at the admission stage

4. Learned Assistant Government pleader for Revenue appearing for respondent Nos.l to 4 contended that in order to prove that there is an existing passage/public way connecting the agricuitural lands of the petitioners, t hey have not filed any document in support ol- their claim. Learned Assistant Government pleader further contended that as per Section 24 of the Telangana Land Revenue Act, 1317 Fasli, alt public roads, lanes, paths, bridges, ditches, dikes, rivers, streams, tanks, ponds, canals, lakes and flowing water and all rands are vested with the State free from all encumbrances, if the person disputing the vesting of the property with the State, he is entitled to approach the competent civil Court for seekin!. - -- declaration that he is owner of the property.

5. In view of the above submission, since the petitioners have not enclosed any document in support of their craim that there is an existing passage/public way connecting their agricurtural rands, which is vested in the State and the same was encroached by respondent Nos.S and 6 causing inconvenience to reach their fields, the writ petition is not al appropriate remedy to consider the submission that there is an existing passage 3 CVBR, J W.P.No.13319 of 2025 connecting the agricultural lands of the petitioners and respondents Nos'S and 6 have encroached the said passage and causing obstructions to have ingress and egress to the petitioners' lands'

6. Accordingly, the Writ Petition is disposed of leaving it open to the petitioners to agitate their grievance before the competent civil Court by instituting a comprehensive civil suit' Miscellaneous applications pending, if any, shall stand closed There shall be no order as to costs. //TRUE COPY// SDL C. DEEPIKA ASSISTANT REGISTRAR secrrhfurrcen To 1 2 3 4 5 6 7 PSK. GJP The Principal Secretary, Revenue Department, Secretariat, Hyderabad, State of Telangana. The Distiict Collector, Vikarabad District. The Revenue Divisional Officer, Vikarabad District. The Thasildar cum Joint Sub Registrar, Puduru lt/andal, Vikarabad District. One CC to SRI J.VENUDHAR REDDY, Advocate [OPUC] Two CCs to GP FOR REVENUE, High Court for the State of Telangana, at Hyderabad. [OUT] Two CD Copies (e \ HIGH COURT DATED:2910412025 I ORDER WP.No.13319 of 2025 l(. ^ d' i zE AtrG 206 I + * Dr '1f,.1 : (l ,r--a DISPOSING OF THE WRIT PETITION WITHOUT COSTS fl+ z\ 4rE : l 'i I I I I I I