The High Court · 2025

Petition unde. Section 151 CPC praying lhat in the cir: tmstances stated in the affidavit filed in surport of the petition, the High Court may. be pleased to issue a writ or directior- more particularly one in the nature r Writ of I\,4andamus, declaring the action of official respondents in not taking ar y steps against the unofficial respondent.q irr encroachment of 33 feet cart track'/hich is in existence since tinre immemorral in between survey numbers 457 E and 24, situated in N/littadoddi village, Gattu I\,4andal, Jogulapba Gadwal Dir I ict clespite making representations d;rted 2711212025, 2111012024, 2111t),2024, iBl1Ol2O24, 2310912024, as illeoal, rrrbitrary and without jurisdiction anrl consequently direct the official respondents to act upon the representations fu, .hwitn made by the petrtioner complaining ;rbout the highhanded encroachmen. and blockage of 33 feet cart track by rhe unofficial respondents which is in e <istence since time immemorial in between survey numbers 4s7lE and 24 of Mit r doddi Village, Gattu Mandal, Jogulamba Cjadwal and take action forthwith :r removal of the encroachment and blockage of 33 feet cart track . Counsel for the Petitioner : SRI P CHAKRAVARTHY Counsel for the Respondent Nos. 1 & 3: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent Nos.2, 4 & 5 : GP FOR REVENUE Counsel for the Respondent No. 6 : SRI K. PRADEEP REDDY, SC FOR GRAM PANCHAYAT Counsel for the Respondent Nos. 7 to '10 : ---- The Court made the following: ORDER -I-}IE IIONoI.lIIAI}LI] SM-T..ITIS'I'ICF] T. MAI) ]A\'I DEVI !\I UT P[1'ITION NO.20758 01.'202: ORDER In this \\'rit I)c.tition. the pctitioner is seeking a $ it o1'N4andarnus cicclaring thc actloir o1- tltc otficial rcspondents irr nor akirrg an), stcps agairlst thc unofircill rcspttndents lbr.encroachntcnt rr 33 f'eet of cart trtck rihiclt is ir-. crislc.ce sincc tintc irntne.rorial ir. ret*,ee. Surl,er \os.-1-i7'L antl I I siruatetl in \{irtadodcli Villagc GaLtu i\4andal, Jogularnba Gailu:il District dcspitc the petitioncr. , repr.escntations dt.23.09.2024, I 3. I 0 2024, 2 I . 10.201.1, 27 .Ot .2025 ar Lr 04.03.20?5, as illcgal and lrrbitr'.rrr ancl conscclLrcntlr to direct thc ol ':ial rcspondents Lo act upor) th. rr'l) r-cscll rations ol' Lhc pctitioner anr :o take steps to restorc lhe l3 Icct ,.'.rrt tntck and to pass such other ordr: or urders.

2. Rricl thcts le aclins ro thc liling of the prcsenr ' V rit petition are that the pctitiorrcr" clainrs to bc thc absolutc and lr vlll orvner and pattedar o1' aqricu ltural Iantl adnteasuring Ac. 1.37 I rntas in Surve1,. No.457iE having lturchased the sarne liorl one Uppr.r L Venkatcswar.lu vide registerccl sale decd bearing I)ocur.nent No.47041200g dt. 12.08.2008. 'l he pattadar pass book number ol he petitioner is W. P.No.l0?5 8 ol l0l5 2 T020401108 14 bearing Khata No.1450. Ir is stated thar rhe schedule ol- the propertv shovrs that on the [ast it is bounded br. Mitradoddi Chagadonne road and on the West it is boLrnded by tand of one l:rarnma, rnother ol- Veclendel and on the Nonh it is bounded bv R&B Road and on the South it is boundcd by land of one Timma Reddv and ever since the date of purchase, thc petitioner is in peaccful possession and enjovrnent of the' sarnc. It is stated that after purchasing thc land. thc nanrc of tlie petitioncr rvas also mutated in revenuc records and pattadar and title deed passbook was issued. It is stated that the unollicial respondents. on 09.10.2024, highhandedty starled intcrfering and encloaching upon the boundary line between R&B Governrnent road and the petitioner's agricultural land and werc not allou,ing thc petitioner to plough his land in Survey No.457lE by dumping rnr"rd and laying shabad stones and trying to elect huts and buddies iltegally by using rnen and muscle power. Ile claimed that the said land belongs to him. Thc petitioncr therefore filed representations dt.23.09.2024,

18.10.2024, 21.10.2024, 27.01.2025 and 04.03.2025 to the of'flcial respondents about the cncroachment and also the attitude of the unofficial respondents. [t is submitted that survey was conductcd on

26.10.2024 and 18.01.2025 b1.the Mandal Surveyor', Ghattu Mandal and .,''. . ,/,/ -a-- W.P N, . )7j8 (,1 2025 -t boundaries rvere tlrcd. Hor.r.evcr, the unoftlcial respoi-,-.-'nts \\,el e agaln encroachins. thc -li lcet road. It is subrnitted that cven I , pt:r the \ illage map,33 f.cct is shou'n as carl track, but the olflcial res il ,ndenls, in spite of the reprcscnr ilt iou s, har c not taken an1, steps tbr the J rottction of the 33 f-cet cart track ancl prcr entiolt of cncr.oachnent. It i. atteee d that the unolllcial respondents havc thus occupied 3i l-eet carl t .ack in bctween Survey Nos.457,'[: rrnd 2'1 anrl thelchr. causing troubl, .lnd hardship to the petitioner arrd his fantilv rtrernber.s and tlrerelor.c. lrc octitioncr IS constrained to lllc this Wlit Pctition sccking a dirccri .r r to tltc ol'ficial respondents to rakr. action against the unolficial re:1ondents and to rcstore the 33 Iiet call track load. ,.\long rvith thc r\ r'it pctition, the petitioner has 1il.'d copics ot the repr.esentations tlted I-rim ancl also copies olthe d.cunrcltts, title dceds and other. docurr.rc:r r ; to clcmonstrate his title ovcr his prol)cft\. 'Ihc pctirioner. has also lllc,] Lhc village map and also thc googlc ntap to delnonstrate that thcrc c:ti ted a caft track between Survev Nos.45 7 /I:. and 24

3. Respondcnt No.5, Tahsildar, has tilcd a I lunter affldavit confiming that as per thc village map, there is a p I hway shown in between Survev Nos.457 and 24 of Mittadoddi Villas.: (]hattu Mandal \ but stated that as per the sulvey conductcd based on I'i: rons. there is no W. P.No.20758 of 2025 4 gap in betwecn these two sun'ey nulnbers and there is no pathrvay existing on the spot. It is stated that as per the measurements lrentioned in the 'fippons, thc arca tallied ancl there is no cxccss extent.of land available fbr the road as claimcd by rhc pctitioner- and ther-etbr.e, the recluest ol tlie petitioner fbr providing load in betrveen Surwey Nos.457 and 24 cannot be considerecl

4. The pctitioncr has lllcd a reply to the counter atlldavit and subrnitted that since titere is an cxisting road in betrveen Suruey Nos.l57 and 24 as per thc rillage rnap. the olficial respondents are bound to protect and provide tlrc sarnc. It is submitted that the official rcspondents are duty bor-rnd to takc action for rcmoval ol encroachmcnts under. Section 92 ol the '[ clangana l)anchavat Raj Act. He has also dratvn the attention ol this Court to the definition of 'public road' under Section 2(34) of the -lclangana Panchayat Raj Act to mean "even the fbotrvay attached to any such road, public bridge or causeway and even to carl way He subrnitted that Section 24 of the A.P. (Telangana) Land Revenue Act, 1317-F provides that all public roads, lanes, paths, bridges, etc., are thc properl\, ol the Govemment and as held by the Division Bench of this Court in the case of Koganti Venkata '-.tr=*Y -a- W.1,.\,,. rl75 8 o12025 5 Suryanarayana Vs. State of Andhra Pradesh and ot rersr, in rcspect of an encroachntent on public roads ancl streets, causinll tbstruction or.er roads closing access to pLrblic. ctc., appro;triatc action lr s t<t be takcn b1' thc I-ocal Bodics to rL'rnove thc sarne. lIc also rL-fcrrcd I r thc decision of this Court in the casc o1- Athkuri Vijay Vs. Thc St:r t -' of Telangana rep. by its Principal Secretary, Panchavat Raj l):partmcnt and othcrs2, rvhercin Lhe I)ii ision tlench.]urlgrtrenr ol'rhi: ( oLtrr in the casc of Koganti Vcnkata Surl,anaravana Vs. Statc of \ rtlhra prattesh and others ( I supla) has been fbllorved and tl-rc te:,1 ondcnts therein were directed to rcrnovc the cncroachrncnt and r.c-cst l ,lish the sub.icct. cart l.rack in accordancc rvith rules Lrndcr. Scction lt ol' the Andhra Pradesh Boundaries Act. 1923. 5, In spite of selvice notice, the unofflcial rcsp\) (lents have not appeared

6. Respondent No.6 Grarn Panchayat also hrrs llecl a counter affidar.it stating thar there is l1o cafl- \\,a_v in bctwecn SLr:. rv Nos..lj7 and 24 on the spot though it is dernarcated in the village rnap 'zors (:) aLo rz (oe r t w.P.No.t4988 of 2024 d:.09 04.2025 W.P.No.20758 of 2025 6

7. I{aving rcgard to the rival contcntions and the rnaterial on record, this Court finds that the orvnership and possession o1- the petitioner over an extent ol Ac.1.37 guntas in Surn,cy No.157lE ol Mittadoddi Village, Gattu Mandal, Jogulamba Gadrval District is not in dispute. It is also not in disputc that the village rnap shows that there is 33 feet caft track in betu,een Survey Nos.,l57 and 24. [t rvas in these circumstances that the official respondents u'ere dircctccl to lile a counter affidavit and alter suruey along with Tippous, they have rcpoftcd that tl'rere is no land for caft track betrveen Surr.e1, Nos.451 lh and 24 as per Tippons

8. As hctd by the Division Bench ol this Court in the case of Koganti Venkata Suryanarayana Vs. State of Andhra Pradesh and others (l supra) which \.\i a s lbllorved bv this Court in the case of Athkuri Vijay Vs. The State of Telangana rep. by its Principal Secretary, Panchayat Raj Department and others (2 supra), the official respondents are required to identily and demarcate the carl track as demonstrated in tl.re village rnap. I'he offlcial respondents may therefore re-conduct the suruey witl-r Tippons of surrounding survey numbers to identifi the cart track land and re-demarcate the cart track in betyeen Survey Nos.45l and24 of Mittadoddi Viltage, Gattu Mandal, j W.P.\ ) 0758 of 202i '7 Jogularnba Gadrval District. I'hc otllcial respondcir; are therefore directed to consider the represcntations of the petitioner.s dt dt.23.09.2024, 18.10.2024. 21.10.2011. 27.01 1015 .r,r I ().1 0i.202i and to take appropriate steps lor identitlcation and protecr.( n o1'the sLrbject cart track expeditiously.

9. The Writ Petition is accordinglr disposecl of. No L .der as ro costs

10. Pending miscellaneous petitions, ilany, in 1[ii5 \, .ir petition shall stand closed To, SD/.t . PONNA KRISHNA ASSI iTANT REGISTRAR //TRUE COPYII SECTION OFFICER

1. The Principal Secretary Panchayath Raj and Rural Del: lpment Department, Secretariat, The State of Telangana, Hyderabad,

2. The District Collector, Jogulamba Gadwal District. 3. The District Panchayath Officer, Jogulamba Gadwal Dis.r ct. 4. The Revenue Divisional Officer, Gadwal, Jogulamba Gec r"aI District. 5. The Tahsildar Gattu l\rlandal, Jogulamba Gadwal Distric . 6. The Panchayath Secretary, The Grampanr;l ayath, lt/ittadoddi Grampanchayath, Gattu lt/andal, Jogulamba Gadwal Di,; -ict.

7. One CC to SRI P CHAKRAVARTHY, Advocate [OPUC 8. One CC to SRI K PRADEEP REDDY, SC FOR GRAN4 r \NCHAYAT 9. Two CCs to GP FOR PANCHAYAT RAJ RURAL DE\, High Court for the State of Telangana. [OUT]

10.Two CCs to GP FOR REVENUE, High Court for thc State of Telangana. louTl 1 1 . Two CD Copies PVL W HIGH COURT DATED:2511112025 l i ORDER WP.No.20758 of 2025 L:il mm ..-r,,, i/ DISPOSING OF THE WRIT PETITION WITHOUT COSTS \r {./