✦ High Court of India · 23 Jun 2025

[t//s. New Life Constructions v. I The State of Telangana

Case Details High Court of India · 23 Jun 2025
Court
High Court of India
Decided
23 Jun 2025
Bench
Not available
Length
1,136 words

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 an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No. 5 in interfering into the peaceful enjoyment of the Petitioner and damaging the road facility which leads from National Highway i.e. Hyderabad to Vijayawada to the New Life Villa Road and closing the Road facility to the New Life Villas without issuing any notice and without following the due process of law is illegal, unconstitutional and arbitrary and violation of Articles 14, 15,21 and 300A of the Constitution of lndia and also violation of Principles of Natural Justice and also violation of the Principles of Natural Justice and consequently direct the Respondent No. 5 not to interfere into the peaceful enjoyment of the Petitioner and damaging the road facility which leads from National Highway i.e. Hyderabad to Vijayawadtr to the New Life Villa Road and not to close the Road facility to the New Life Villar; and to direct to restore the road faoillty which leads between Abdullapurrnet village via the colony to the Natioral High Way(Hyderabad to Vijayawada) of Abdullapurmet Mandal, Ranga Reddy District. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed ir support of the petition, the High Court miry be pleased to direct the Responde rt No. 5 not to interfere into the peaceful enjoyment of the Petitioner and dama(ling the road facility which leads from Natic,nal Highway i.e. Hyderabad to Vijaya',rrada to the New Life Villa Road and not tr, close the Road facility to the New Lile Villas and to direct to restore the roaC far:ility which leads between Abdullapurmet village via the colony to the National High Way(Hyderabad to Vijayawada) of Abduliapurmet [Vlandal, Rangir Reddy District. Counsel for the Petiric ner: SRI RAPOLU BHASKAR Counsel for the Restrondents: GP FOR REVENUE The Court made the following: ORDER THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.16921 of 2025 ORDER: This ri'rit petition is filed seeking folloq.ing reliel: -to issue an order or directior-r more particularly one in the nature of Writ of Mandamus declaring the action of thc Respondent No.s in intcrfering into thc peaccfui cnjoyment of the Pctitioncr and damaging thc road facility rvhich lcads from National Highrvay i.e. Hydcrabad to Vijayawada to the Ne\,!'Life Villa Road and closing the Road facility to the Ncw Life Villas \r-ithout issuing any noticc and lr'ithout following the due proccss o[ lalr is illegal unconstitutional and arbitrary and violation of Articles 14, 15, 21 and 3OOA of the Constitution of India and also violartion of PrinciPles ol Natural Justicc and consequently direct the Respondcnt No.5 rlot t{) interlcre into the peaccful cnjoyment of the Pctitbner and damaging thc r(rad facilitv which lcads from National Highrvay i.e. H1'dcrabaci to Vijayaf.ada to thc New Lifc Vilia Road :rnd not to closc the Road facility to the Ncw Life Villas and to direct [o restore the road facilit\. $,hich lcads betrvcen Abdullapurmct village via the colony to thc Nation.rl Highway tlyderabad to Vijayawada of Abdullapurmet N,lartdal, Rar]ga Rcddv Distuct and pass."

2. Considered the submissions of the learned counsel for the respective parties and perused the record

3. The casc of thc petitioner-M/ s. Neu, Life Constructions is that it purchased agricultural land admeasuring Ac.6- 10 guntas 1n Sy.Nos.246, 248 and 249 ol Pedamberpet Village. After obtaining conversion permission, the land \lras converted to non agricultural use and vil1as were constructed therein. The grievance of the petitioner is ttrat there exists a road connecting the National Highway to the villas, which has been in use lor a long time, but 2 respondent No.ri, acting on a complaint, is interfcring; r,r'ith access to the said rc ad, thereby obstructing resicletris ,lnd causing rncon\.en1enc(l 4, The learned Government Pleader for Fevenue, on instructions, srrbmits that according to the Village llevenue Map (Naksha) prepared under the Telangana Land Revenue Act, 1317 Fas1i, no such road is shown. He furttrer subnrits that the residents of tL e villas themselves laid a road <lver Government lald, and are row claiming it as an existing public road.

5. A carefu I consideration of thc record :;hclrrs that the existence of a road can only be ascertained liorn the Village Revenue Map, and unless such depiction exists, it cannot be recognized unCer the Telangana Land Revenue Act, 1317 Fasli. Moreover, roads forming part of approved layouts ve st in the local authority suc:l as HMDA or the concerned Nlunicipalitl'. It is therefore clarified that if the alleged road is found to be shown in the Village R,:venue Map or forms part of an ap,proved layout vested in the local authority, the 5th respondent sha.ll not interfere with such roal except by follorving due proccss ol'law. 3

6. In vie',r. of the above, the \,vrit petition is devoid of merit and is liable to be dismissed. Horvever, it is made clear that if the petitioner asserts a claim over the existence ol a road, it is ah,r,ays ope11 to it to approach thc competent Civil Court ancl seek appropriate reiief, in accordance u,ith law.

7. Accordingly, the Writ Petition is disrnissed. No order as to Miscellaneous petitions, il anr,' pending in this rvrit petition shall stand closed. No order as to costs. I i To, TJ PVL ,/ l/ SD/. T. SRINIVASA REDDY TANT REGIS - ,TRUE COPY' S CTION OFFICER 'l . One CC to Sri Rapolu Bhaskar, Advocate tOPUq] i. iil cct to cp tcjr neuenue, High Court f& tne Siate of Telangana' At 3. Two CD CoPies Hyderabad [OUT] HIGH COURT DATED:2310612025 ORDER WP.No.16921 of 2025 :; \ 1' 2r 0[T 20?i I I Sr:4-r 1- lrr-111 -) o,J \ .'+ * DISMISSING THE WRIT PETITION WITHOUT C0STS / {4 /

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