High Court · 2025

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 dlrection more particularly one in the nature of Writ of Mandamus declaring inaction of the official respondents No.2 to 6 in not constructing the CC Road from R and B Road to E.Venkaiah House in Regula Tanda Village of Dasu Tanda Gram Panchayat, Tekulapalli Mandal, Bhadradri- Kothagudem District vide Proceedings Rc.No.M and El 17851 DMF(T)/CM0/2023, daled 2310912023 issued by the 3rd respondent is highly illegal, arbitrary Unconstitutional and against to the principles of natural justice and in violation of Articles 14 and 21 of the Constitution of lndia and consequently direct the respondent No.2 to 6 lo construct the CC Road from R and 13 Road to E.Venkaiah House in Regula Tanda Village of Dasu Tanda Gram Panchayat, Tekulapalli Mandal, Bhad rad ri-Kothagudem District basing on the vide Proceedings Rc.No.M and El1785l DMF(T)iCtVO/2023, dated 2310912023 issue( b1r the 3rd respondent lA NO: 1 OF 2024 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 respondent No.2 to 6 to construct the CC Road from R & B Road to E.Venkaiah House in Regula Tanda Village of Dasu Tanrja Gram Panchayat, Tekulapalli Mandal. B had rad ri-Kothagudem District baLsing on the vide Proceedings Rc.No lt4&E/1785/ D[/F(Ty Cl\AOl2O23, dated 123.09.2023 issued by the 3rd respondent pendrng disposal of the above Writ Petition lA NO: 2 OF 2024 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 pieased to direct the respondent No.2 to 6 to stop / demolish the unauthorized house construction carried oL-rt by unofficial respondent Nos.7 to 9 on a public road which leads from R & B Road to E.Venkaiah House in Regula Tanda Village of Dasu Tanda Gram Panchayat, Tekulapalli IVlandal, Bhadrad ri-Kothagudem District pending disposal of the above Writ Petition Gounsel for the Petitioner: SRl. MOD BALU Counsel for the Respondent Nos. 1,2&4: GP FOR PANCHAYAT Counsel for the Respondent Nos.:3&5 GP FOR REVENUE Counsel for the Respondent No.6: SRI P. KISHORE RAO RAJ RURAL DEVELOPMENT SC FOR GRAM PANCHAYAT Counsel for the Respondent No.8: SRI KARUNAKAR REDDY Counsel for the Respondent Nos.7&9:-- The Court made the following: ORDER .-l--r THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.29738 of 2024 ORDER: This writ petition 1S fded, under Article 226 of the Constitution of India, seeking the following relief: "...to issue an order or direction more partianlarlg one in the nature of Writ of Mandamtts, declaring inaction of the official respondents No.2 to 6 in not constntcting tLLe CC Road from R and B Road to E,.Venkaiah House in Regula Tanda Village of Dasu Tanda Gram Panchagat, Tekulapalli Manda| Bhadradi Kothagudem Distict, vide Proceedings Rc.No.M and E/ 1785/ DMF(T)/ CM1/ 2023 dated. 23/ 09/ 2O23 issued, bg the 3rd respondent is highly illegal, arbitrary Unconstihttional and against to the principles of .natural justice and in uiolation of Articles 74 and 21 of the Constitution of India and consequentlg direct the respondents No. 2 to 6 to construct the CC Road from R and B Road to E.Venkaiah House in Regula Tanda Village of Dasu Tanda Gram Panchoga\ Tekulapalli Mandal, Bhadradi Kothagudem District, basing on the uide Proceedings Rc.No.M and E/ 1 7 B 5/ DMF(T| CMO/ 2023 dated 2 3/ 09/ 2O23 issued bg the 3rd respondent and to pass..."

2. The petitioners claim that there is a pathway in between the properties of the petitioners and respondent No.8 and respondent No.S has highhandedly occupied the pathway and constructed the compound wall. He has also filed photographs to that affect.

3. Respondr:nt No.6 has hled counter affrdarzit stating that respondent No.B has made construction of the r:ompound wall without obttiining any permission.

4. A memo was hled by respondent No'8 along with memo dated 1 8. I I .2024 , wherein the Village Panchayat Secretar5r stated that tht:re is no road in between the properties of the petitioners anrl respondent No.S. This reply wzrs given under Right to Inforrnation Act, 2005.

5. Learned counsel for the petitioners, on the other hald relied upon the complaint given by the villagers to the Collector statitrg that there is a road in betrveen both the properties for the Past 70 Years.

6. In view ol the fact that lot of factual aspects are involved in this matter i.e., the petitioners are claiming that there is pathway in between the properties of the petitioners as well as respondent No.B, this Court deems it Iit and proper to direct the petitioners to approach appropriate Civil Court for establishment of facts as the same cannot be adjudicated in I-.r this writ petition under Articl e 226 of the Constitution of India. 7 Accordingly, this writ petition is dismissed with liberty to approach the Civil Court. There shall bb no order as to

8. Miscellaneous petitions pending, if any, shall stand closed //TRUE COPY// SD/-A.V.S.PRASAD / ASSI TANT REGISTRAR SECTION OFFICER To,

1. One CC to SRl. MOD BALU, Advocate [OPUC] 2. Two CCs to GP FOR PANCHAYAT RAJ RURAL DEVELOPMENT ,High 3. Two CCs to GP FOR REVENUE High Court for the State of Telangana, at Court for the State of Telangana at Hyderabad [OUT] Hyderabad [OUT]

4. O-NE CC tO SRI. F'. TISUORE RAO, SC FOR GRAM PANCHAYAT [OPUC] 5. One CC to SRl. KARUNAKAR REDDY, Advocate [OPUC] 6. Two CD Copies BM GJP *- r HIGH COURT DATED:0410212025 i I ORDER WP.No.29738 of 2024 2 o 15 fipE mffi o*,?.S.tllqr,r tc9 a .L J" DISMISSING THE WRIT PETITION WITHOUT COSTS (p ,1ffir