Kathula Buchaiah v. 1. The State of Telangana

Counsel for the Petitioner :SRl. D SRINIVAS REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER HON'BLE SRI JUSTICE C.V.BHASKAR REDDY trrRIT PETITION No.14255 of2025 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking following relief "... lo issue an appropiate writ, order or direction more particularly one in the nature of uit of Mandamus declaing tLrc action of the Respondents not consideing petitioner representations dated 19-O2- 2025 qnd 18 02-2025 as illegal, improper, arbitrary, unconstitutiotLal and against the pinciples of natural justice consequentlA direct the 2",) and 4th respondents to consider the petitioner representations ctnd clear the tnternal path uag tuhich is eisted since 80 gears between Sy. rVos. i33 and 249 situated qt Samudrata reuenue Village of Ghanpur Station Mandal, Jangaon Dstict ."

2. It is stated that the petitioner is owner and possessor of agricultural land to an extent of Ac.0.33 guntas in Sy.No. 136/Al2 and Ac.2.OO guntas in Sy.No. 138/A situated at Samudrala Revcnuc Village, Ghanpur Station Mandal, Jangaon District. I t is further stated that there exists an internal pathway of 20 feet width providing access from Samudrala Village to Theegaram Village road, which has been in continuous use for the past 8O years for ingrcss and egress to the lands of the petitioner, and the said pathway has been unlawfully obstructed by the adjacent landowners, namely, Kathula Yadagiri, Kathula Yellaiah and Kathula Aitaiah, thereby completely {.*t"* access to the petitioner's land, due to which, the petitioner is unable to enter his agricultural land. The grievance 1 --! r) of the petitioner is that he submitted representations dated 14.02.2025 and, 79.O2.2025 before the respondent authorities requestlng t.o remove the encroachments or restore access, but till date no acLion has been taken by the respondents, and the respondents also lailed to perform their statutory duties by not clearing the obstruction created by the Hence the writ petition neighbouring farmers.

3. Considered the petltioner and Sri submissions of the learned counsel for the L.Ravinder, learned Assistant Government Pleader for Revenue appearing for the respondcnts and with their consent this writ petition is disposcd of at the admission stage .4. Learned counsel for the petitioner vehemently contended that as per Section 24 o{ the Terangana Land Revenue Act, 1317 Fasri, all public roads, lanes, paths, bridges, ditches, dikes, rivers, streams, tanks, ponds, canals, lakes and flolving water and all lands are vested with the Stale free from all encumbrances and therefore, duty is cast upon respondent No.4 to remove the encroachments of pathway/naksha bata/cart track to enable the petitioner and other adjacent land owners to have ingress and egress to reach their fields. 3

5. Sri L. Ravinder, the learned Assistant Government Pleader for Revenue, appearing for the respondents has submitted that earlier, the petitioner filed W.P.No.34108 of 2024 on the file of this Court seeking a direction to close illegal wells dug beside the internal pathway in Sy.Nos. 133 and 249, bst later withdrew the same on

04.12.2024. It is further submitted that the petitioner has also filed a suit vide O.S.No.7OO of 2024 for perpetual injunction on the fi1e of Addl. Junior Civii Judge at Jangaon, and the same is pending for adjudication; and the adjacent landowner Kathula Yadagiri has hled a suit vide O.S.No.727 of 2O2'+ on the hle of Principai Junior Civil Judge, Jangaon and obfained ex-parte ad-interim injunction on

27.11.2024. It is further submitted as per letter No.B/157 12025 dated addressed by the respondent No.4-Tahsildar to the respondent No.3-Revenue Divisional Officer, the two wells in Sy.No.133 of Sri Kattula Yadagiri and Sy.No.249 of Sri Kattula Ilaiah in Samudrala Revenue Village, Ghanpur Station Mandal, Jangaon District, are situated adjacent to the internal private way which connects agricultural land of the few farmers in Patta lands, but the said pathway is not used for connecting other villages. It is ( further submitted that claiming the internal pathway/private way, the petitioner has insisted respondent No.4 to clear the said roads which are not vested in the State. .- \. -" .l a' 4

6. It is settled lan that if there is a serious dispute with regard to the existence of the road/cart track, which is not depicted in the village revenue map or vestecl in the state under section 24 0f the Telangana Land Revenue Act, 1312 Fasli, or violation of easementary rights, the parties aggrieved by the encroachments of track are endtled to institute a sult seeking said pathway/cart declaration claiming the rights over the pathwav

7. In view of the above, this Court without expressing any opinion with regard to the merits of the case, deems it appropriate to dispose of this writ petition relegadng the petitioner to approach the competent civil court and seek appropriate rerief, in accordance with law, if he claims Ilhat there exists a pathway and that his easementarJ,. rights have been effected by the alleged obstruction. 8. Accordingly, this Writ petition is disposed of. Nc order as to costs. As a sequel, the miscellaneous petitions pending, if any, stand closed. To, //TRUE COPY// SD/-V.KAVITHA Ury REGISTRAR D SECTION OFFICER Revenue Department r.s. sJcrerariat, Hvderabad, ' Ii: SiI: B?'r?8",{E!1{} 2. The District Collector, Jangaon District, Telangana. 3. The Revenue Divisional Officer, Ghanpur (Stn), JangaonDist, Telangana 4. The Tahsildar,, Station chanpur Mandal, Jangaon District, Telangana. 5. One CC to SRt. D SR|N|VAS REDDy Advocate [OpUC] 6 TworCCs to Gp FOR REVENUE ,High Court for the State of Telangana. 7. TWo CD Copies q \ \ I ( L ,,i H1 r4 I 5 JUL 2025 o?2 \o-- \3*\\, ,,\* \:''.1,-.-,-1',1 -\:-__--:; .nyP' HIGH COURT DATED:0210512025 ORDER WP.No.14255 of 2025 DISPOSING THE WRIT PETITION WITHOUT COSTS