The High Court · 2025

Fetitign under Artiple ?Jo 91,\\e Cqnstitution qf lndia prafi!'g that ln the circumstanceg statecl in the affidavit fited therewith, the High Court may be pleased to is$ue an apprgpriEle writ, erder or dire-ctiqns more particularly one in the nat.ure of Writ pf lVlandaqys, deqlaring the action of the respondents more particularly !fr.q regpondgpls Ng2 tg q, in nqJ tat(lng the stringent actio4 agslrrg! the responf,qpts No6 to 6 for blopking/cleqing the exiAting publirl readls6rt r/qy starting fronr lmamgud4 yillagg ig., HyQg1glad, Sri gaitarn road lowards thg petitionqrs qn$ othqrr; aglrcultural lands (i.e lrom Eas! !9 WeEt) passing through lands in Sy ,No.249 and 248 Btc., situated qt Sri Nagar Village, Maheqhwqlqrp Mandal, R R Dist. "tS by digging the trench and raising cerent wall anC obstrueting thg pqliticnpr:q aod neighboriqg land owners and their employeesl labors etc., frorn passing through lhe existing public reed/cart way for attending their reopecJive aqricult-urql wgJks, 9!g , ir! :pile qf regiqterinq gf cetq vide Crimq No.853 pf 20.2?,dgledU,12-?Q22 foJlhe0ffgncetrUts.341,447,427,506 r,t*1,1CI lPC, since then to tilt this date Bnd paesing of endsrsement vif,e Nlo. Bt2ggl2e13, dated 04-04- 2023 by advising tho pelitionqrs to approach rhe aprrropriate forum U1s.5 and 0 pf thp E:agqmenf AS!,19P2 lgr [edressal, as highly arbitrar-y, bq{, illegal and eqlgunli to violatiqg of th$ artiqlqE of the constitqtian c,f lndia Fnq ..sq! a9ide the qqryre and conseqgqntly gipct thi respondqnts more psrticul3rly thg respondente Np 2 tg {i to restere th9 Bublig lgad/cart ryay by removing the newly raised Qem-ent wall in Sy,,Nq,249 etld 249 etc., situaled at Sri Nagar Village, Maheshwaram Mandal. R R Dipt.,TS forthwith. A O: 1 OF 2023 Fetitipn under Siection 151 QRQ praying tha! in tfie cireumsti.nqes $tatqd in the affidavit filed in suppgrt qf the pqtition, the High Court may be pleased'to direct the rg$pondents, more particularly the respondents No,2 to 5 to restore lhg puhlic road/Qart way by removing the newly raised cement wall in siy.,No.2a9 Er1! 248 etc., situated at Sri Nagar Village, Maheshwaram Mandal, R R Dist''TS forthwith, pending disposal of the above W.P. cgqnsgl for the Pe$tio191 : QRI BETHI VEIIKATESWABI-U Counsel for the Re$pondents No.1to4 : qP FOR REVENUE Coqnsel fos tp,e Regponflgnts No.S i QP FOR HOUIE Counse! for the Regpo4dPnts No.Qto9 : -- The Cqurt qrqde thF folJgraingl OBPEB THE HON'BLE SRI JUSTICE C.V.BHASI(AR REDDY WRIT PETITION No.22396 of 2023 1, ORDER: This writ petition is filed seeking following relief: "For the reascns Stated in the accompanying afhdavit, it is therefore prayed that this Hon'lcle Courl rnay be pleased to issue an appropriate- writ, order or directions more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents more particularly the respondents No.2 to 5, in not takinil the stringent action against the r:spondents No.6 to 8 for blocking/closing the r:xisting public road/cart wal sjtarting from Imamguda village i.e., Hyderabad- Sr Sailam road towards the petition?r-s arrd others agricultural lands (i.e. from East to West) passing through lands in Sy. I'Io.249 ar.d 248 etc., situated at Sri Nagar \ri age, Maheshwaram Mandal, R R Dis:., 1'S by digging the trench and raising cement wall a:-rd obstructing the petitioners and reighboring larrd owners and their employees/ Iatrors etc., from passing through th. existing public road/cart way for attending tlreir respective agricuitural works. :,,c., in spite of registering of case vide Crime Nc.853 of 2022, dated I4-12 202.2 for the offences U /s.341,447,427,5O6 r/w.34 of IpC since then to till this date and pas,sing of endorsement vtde No. B/299/2023, daLed O4-Oa-2O23 by advising the petitioncls to approach the appropriate forum U/s.5 & 6 of the Easement Act, 1882 for redressal, as highly arbitra-rJr, bad, illegal and arnounts to r/iolation of the articles of the consritu.tion of India and set aside the same and cc,nsequently direct the respondents more I)articularly the respondents No.2 to 5 to restore the public road/cart way by rernoving the newly raised cement wall in Sy. No.249 and 24g etc-, situated at Sri Nagar \,/itlage, Maheshwaram Manda_I, R R Dist.,'I'S lorthwith and pass such other order tr orlers in the ilterest ofjustice."

2. It is s'cated that l"t petitioner is the absolute owner and possessor of agricultr:ra1 land admeasuring to €rn extent of Acsl. 0.3 1 guntas in Survey No.261/;t, Acs. O.25 guntas in Survey No.262 /e, Acs. 0.19 guntas in Survel. Nos.263/e9, Acs. 1.17 guntas in Suney Nc.264/el, total admeasuring Acs. 4.02 guntas, situated at Sri Nagar Village, Ilaheshwaram Mandal, Ranga Reddy District, having acquired the same by virtue of inheritance and patt.adar. passbook was also issued by the 4th respondent 2 CWR,J W.P.No.22396 of 2O23 uideppB No.T05160220164 dated 23.04.2018. 2nd petitioner is the absolute owner and possessor of agricultural land admeasuring to an extent of Acs. 4.00 guntas in Survey No.2a6/I/6 and Acs. 6.14 guntas in Survey No.246/2, total admeasuring Acs. 10.14 guntas, situated at Sri Nagar Village, Maheshwaram Mandal, Ranga Reddy District, having acquired the same by virtue of inheritance and pattadar passbook was also issued by the 4th respondent uide PPB No.TOS16O220522 dated' 26.Oa.2O2O. Petitioner Nos. 3 and 4 are husband and wife and 4th petitioner is the absolute owner and possessor of agriculhrra-l land admeasuring to an extent of Acs. 1.02 guntas in Survey No.254/e9, Acs. 1.12 guntas in Survey No.261/c, Acs. 1.12 guntas in Survey Nos.262, Acs. 1.02 guntas in Sgrvey No.248/e9, and Acs. 0.13 guntas in Survey No.265/6a, total admeasuring Acs. 5.O0 guntas, situated at Sri Nagar Village, Maheshwaram Mandal, Ranga Reddy District, having acquired the same by virtue of inheritance and old pattadar passbook was also issued by the 4h respondent uide Palta No.29. 3'd petitioner is also having agricultural land admeasuring to an extent of Acs.

5.OO guntas, situated at Sri Nagar Village, Maheshwaram Mandal, Ranga Reddy District. sth petitioner is the absolute owner and possessor of agricultural land admeasuring to an extent of Acs. 2.32 guntas in Survey No.265/c, Acs. 0.O9 guntas in Survey No.267 and Acs. O.27 guntas in Survey Nos.268/el, total admeasuring Acs. 3.28 guntas, situated at Sri Nagar Village, Maheshwaram Mandaf, Ranga Reddy District, having acquired 3 CWR,J W.P.A:o.22396 of 2023 the same by virtue c,f inheritance and pattadar passbook was also issued by the 4tr. respondent uide PPB No.TO516022O336 dated 23.04.2018. It is further stated thar: the petitioners and other adjacent agricultural land owners are having crnly one public road/cart way i.e., kacha road starting from Imamguda Vill,age i.e., Hyderabad-Sri Sailam Road (i.e., from East to West) passing through the lands in Survey Nos.249 and 24g etc., to approach the land oI the petitioners and the petitioners are using the same since severa-l decadesi as they have no other alternative road e::cept the same to reach their agric,-rltural lands and the same is reflecting in the proposed Lald use arld Rozrrl Network for Maheshwaram Mandal, Ralga Reddy District, issued by the Hyderabad Metropolitan Developm ent Authority (HMDA), which rvas obtained from the website. It is furtht:r stated that respondent Nos.6 tc 8 in collusion with the 9th respondent art: blocking the said road by digging a big trench on the said public roacl arrd raised cement wall across the road ,nd not allowing the petitioners and other neighbouring land owners and gerLeral public to use the said road to havr: ingress and egress

3. Learr:ed r:ounsel appearing for respondent No.9 submitted that there is no existing as depicted in the v rage revenue roap prepared under the provisio,s. of the Telangana r,and Revenue Act, 13r z Fasri, since the roacls if any forme d by respondent Nos.6 to g are only for c,ltivation and 'oad :-:r ..,1 4 CVBR, J W.P.No.22396 of 2023 utilization and the roads laid in their private lands does not confer any right to the adjacent pattadars to utilize the same

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

5. Admittediy, from the perusal of the record, it would reveal that there is a dispute with regard to the existence of the road and even if the road is existed, whether it is a public road vested in the state Government uncler Section 24 of Telangana Land Revenue Act, 1317 Fasli or it is a private road laid by respondent Nos.6 to 8 for the purpose of utiiization of their agricultura-l lands.

6. Be that as it may, 4fi respondetft uide endorsement in proceedings No.B I 299 / 2O23 dated o4.o4.2o23 rejected the claim of the petitioners on the ground that as per the report submitted by the Mandal Girdavar dated 31.03.2023, the Mandal Girdavar and Mandal Surveyor have visited the site bearing Survey Nos.240 and 249 of Sri Nagar Village and survey No.3 of Imamguda village and during the enquiry, road is identifred in which it is falling in survey Nos.240 and 249 of Sri Nagar village and Survey No.3 of Imamguda Village of Maheshwaram Mandal and the public are using the existing road long back but as per the village map, it is not shown as Road and one Sri Anji Reddy, the pattadar of Survey No 249 is objecting and not allowing the surrounding pattadars from his land ard the 5 CVBR, J W.P.Nc.22396 of 2O23 petitioner No.l was; advised to approach the appropriate forum under Section 5 and 6 ,rf th e Easement Act, 1882 for redressal of his grievance. 7 . Since i1 is not depicted in the village map as roa<l vested in the State Governmen:, the ofhcial respondents are not having any power or authority to restorr: the said road, which is not vested in the State Government, but :if the petitioners rights are in violation of easement rights, they are always Jraviag right to approach competent civil Court- by instituting a comprehensive cii'il stiit seeking for declaration of the existing road.

8. Leaving rt open to the petitioners to agitate their grievance before the appropriate Ibruirn, the present Writ Petition is disposed o1-. Miscellaneous; petitions, if any, pending, shall stand r:losed. There shall be no order as to costs. //TRUE COPY// SD/.T. TIRUMALA DEVI PEPUI'Y REGISTRAR \ \-_- \ SECTION OFFICER - 1l \, To, District, TS-506 167 of Telangana, Hyderabad, T.S lbrahimDatnam. Ranqa Reddv DiEtrict,TS

1. The Principal secretary, Revenue Department' TelaXgana sec:retariat' state 2. ihe Distiict Collector, Ranga Reddy Diskict, Office situated at Kongara, g. fhe Reienue Divisio"nal Officbr, Kandukur Revenue Division, tlanga Reddy 4 The Tahasildar. Maheshwaram Mandal, Ranga Reddy District, T$-506 167 S. th" Siation Horrse Officer. Police Station Pafiadisharif, Racha{Qnda, Rangga 6 One 6i to Snt BETHI VENKATESWARLU, Advocate loPUCI 7. iwo e ds to Gp FOR REVENUE, High Court for the State of Telangana' a. Tivo oQs to Gp FoR HoME, High Court for t[e Stale of TelangBqa a! 9 Tyvo CQ CoPies. Hyderabad [OLIT] Reddv District,l'S TOUTI F$r B9 HIGH COURT DATED:1110312025 I I ORDER WP.No.22396 of 2023 !. /. ,:".. tJt ;tl2025 O119 p41i $ I DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,/3 /z /25 a /*