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/direction or any appropriate writ, more particularly one in the nature of writ of l\4andamus declaring the inaction of respondents 1 to S herein in not tdking action against the illegal and unauthorized construction undertaken by the respondents 6 to 1'l by encr6aching the road resulting obstruction of way leading to petitioners house constructed in Ac.0-0 2 % Gts. assigned by the government in Sy.No. i 96/1 of Ellanthakunta (V) and (M), Karimnagar District as illegal, arbitrary, unjust and consequently direct the respondents 1to 5 herein to take action against the above illegal and unauthorized construction undertaken by the respondents 6 to 11. l.A. NO: 1 OF 2013(WPMP. NO: 42'127 0F 20131 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 respondents herein to stop the illegal and unauthorized construction undertaken by the respondents 6 to 11 by encroaching the road resulting obstruction of way to petitioner's house constructed in Ac.0-02 % Gts- assigned by the government in Sy.No:196/'l of Ellanthakunta (V) & (tvl), Karimnagar District pending disposal of the writ petition in the interest of justice. Counsel for the Petitioner: SRI V.V.RAMANA RAO Counsel for the Respondent No.1: GP FOR PANCHAYAT RAJ &, RURAL DEV Counsel for the Respondent No.2 & 3: SRI p.KISHORE RAO, SC FOR GRAM PANCHAYAT Counsel forthe Respondent No.4 & 5: Gp FOR HOME ! Counsel for the Respondent No.6 to 1,1: SRI HARIKISHAN KUDIKALA Counsel for the Respondent No.12: GP FOR REVENUE The Gourt made the following: ORDER THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI W.P.NO. 33847 0F 2013 ORDER: In this writ petition, the petitioner is seeking a writ of mandamus declaring the inaction of respondents No.1 to 5 in taking any action against the illegal and unauthorized construction undertaken by the respondents 6 to 11 by encroaching the road and resulting in the obstruction of the way leading to the petitioner's house constructed in Ac.O-O27+ gts., assigned by the Government in Survey No. 196/ 1 ol Elianthakunta Village and Mandal, Karimnagar District, as illegal and arbitrary and consequentiy to direct the respondents No. 1 to 5 to take action against the illegal and unauthorized construction undertaken by the respondents 6 to 11 and to pass such other order or orders in the interest of justice.

2. Brief facts leading to the filing of the present writ petition are that the petitioner was assigned an extent of Ac.O.2Y+ gts., of land in Survey No. 196/ 1, situated at trllanthakunta Village and Mandal in the year 2OO1. Thereafter, the possession cerlificate to this effect was also issued in the year !OO8 and the petitioner claims to have constructed a house I 2 '.1 therein and has also filed a Suit in O.S.No.4S oI 2OO9 before the Junior Civil Judge at Sircilla, which was decreed in favour of the petitioner, restraining the respondents No.6 to i 1 perpetually l-rom making obstructions to the way leading to the petitioner's house. It is submitted that in spite of said decree, the respondents have again started making construction in the plot assigned to the Dr.Ambedkar Society by encroaching into the petitioner's way and causing obstruction to the way without any valid permission. Though the petitioner has filed complaints to the respondents No.2 to 5 and also to the Tahsildar, Ellanthakunla, no action has been taken by the respondents and therefore, the petitioner has filed the present writ petition.

3. Learned counsel for the petitioner has filed a copy of the possession certificate dated 24.07.2OO8 and the judgment arrd decree dated 03.01.2012 in O.S.No.4B of 2OO9 on the file of the Junior Civil Judge at Sircilla, along with the sketch map in which the lane on the right side of the plot of Mahatma Gandhi Youth Club and Dr.B.R.Ambedkar Society as well as the petitioner's house was shown. He has also filed the copies of the police complaints against the unofficial respondents encroachment of the way of the petitioner. i \ I t 3

4. Learned Standing Counsel appearing for the respondents No.2 and 3, has filed a counter afirdavit stating that the petitioner was allotted Ac'0-01 gts'' 'of land i'e'' 121 sq.yards, as per the letter No'B/359 l2OOl' dated 31'03'2001' but has encroached further land ald has constructed a house to a-n extent of 15O sq.yards of land as per the report of the Tahsildardated'23.l2.2ol3andtlratnoassignmentwasmade to the petitioner vide Proceedings No'B/ 119/2OOB' dated 24.O7.2OOa. It is further submitted that it was not true to say that there was a 12 feet passage to his house and as per the location sketch furnished from the oflice of the Tahsildar' Ellanthakunta, the way was only 6 feet wide' It is further submitted that the respondents No'6 to 1 1 were no way concerned with Dr.Ambedkar Society and that the Ambedkar Society building was being constructed from the M'P'Lads funds to the Society, but there rs no only on the.land allotted that the Petitioner himself has encroachment. lt is stated encroached about 3O sq.yards of land as per the report of the Tahsildar dated' 23.12-2013' As regards the judgment and decree passed by the Junior Civil Judge at Sircilla in O'S'No'48 of 2009, it is stated that the Gram panchayat was not made a party lo the suit proceedings and unconcerned persons were ./l 4 impleaded as defendants in the suit and an exparte decree was obtained which was not binding on the respondents in the writ petition. It is submitted that the Ambedkaf Society building was .being constructed only in the land which was allotted for the said purpose and that by virtue of the interim orders passed by this Court, the construction has been stopped.

5. I-earned counsel for the respondents No.6 to 1l has also liied a counter afirdavit enclosing therewith the ailotment letter in favour of the petitioner to demonstrate that he was allotted only onc gunta of land and that the Ambedkar Society was allotted two guntas of land in Survey No. 196/ i. It is further stated that there was no road or path of 12 feet as alleged by the petitioner and there is no encroachment of any land by the respondents therein. It is stated that the construction of Ambedkar Society building was started after receiving the M.P.Lads furr.ds only and there is no encroachments by the respondents. The learned counsel for the respondents also relied upon the report of the Tahsildar dated 23.12.2013 it support of their contentions that the 1a-nd to an extent of Ac.O.2% gts., uras allotted to the Societ5z and the writ petitioner was allotted only one gunta of land. l I i I I ././ 5

6. The respondent No. 12 also hled a counter. affidavit confirming that the petitioner was allotted the house site in Survey No. 196/ 1, situated at Elianthakunta Village and Mandal, to an extent of Ac.0-01 gunta with certificate bearing No.B/359/20O1, dated 31.03.2001, but not Ac.O-O2% guntas as claimed by the petitioner and further that as per the boundaries mentioned in the house site allotment certificate, the approach road to his plot was shown towards West side but not towards trast side as represented by the petitioner. It is also stated that the possession certificate bearing No.B/119/2OO8, dated

24.07 .2OO8 is only a certilicate issued for the purpose of obtaining housing loan from the Housing Corporation, but that the petitioner is actually in possession of oniy 15O sq.yards.

7. Learned Government Pleader has also obtained a written instructions dated O9.01.2025 and has filed the location sketch therewith showing a passage of 4 feet leading to the petitioner's house between the Sri Veera Brahmendra Swamy Temple and the Ambedkar Sangam land.

8. Learned counsel for the petitioner has filed a reply affidavit to the counter af{idavit frled by the respondents No-2 and 3, denying the contentions raised by the respondents in the l I 6 counter aflidavlt and has filed a copy of the plan prepared by the Deputy Surveyor and Mandal Revenue Inspector of Elianthakunta, locating the said plots, which clearly show the road of 12 feet width leading to the plots' Therefore' it is alleged that the respondents have encroached the road by 6 feet and submitted that due to the same, the petitioner is put to an irreparable loss and hardship and the petitioner's vehicles' even bullock carts, cannot pass through the said way- In the sketch {iled along with the reply affidavit, on the Eastern side of the plot is the road shown as 12 feet width' g. [rarned counsel for the petitioner also filed the copy of the plaint filed before the Civil Court in O'S'No'48 of 2OO9, wherein the width of the road between the Sri Veera Brahmendra Swamy Temple and the pelitioner's property was clearly mentioned as 12 feet' He therefore prayed for allowing the writ petition and direct the respondents No'2 to 5 to remove the illegal construction being made by the respondents No'6 to 11 by encroaching into the 12 feet path leading to the petitioner's ProPerty.

10. Having regard to the rival contentions and the material on record, this Court finds that thortgh the allotment It t.. I l .,/ 7 was made to the petitioner as a landless poor and also to the Dr.Ambedkar Society in the year 2001 in Survey No.196/1, the allotment letter mentions one gunta of land. in favour of the petitioner and two guntas in favour of Dr.Ambedkar Society. In both the plans, the road was shown on the left side, whereas in the petition filed along with the suit or along with the writ petition and even the sketch map filed along with the latest instructions dated O9.01.2O25, the road was shown on the Eastern side of the plot i.e., in between the Sri Veera Brahmendra Swamy Temple and the property of the petitioner and the respondents No.6 to 11. The stand of the petitioner while filing the suit in O.S.No.48 of 2009 was that there was a road of 12 feet width between the petitioner's propertlr and Sri Veera Brahmendra Swamy Temple and the suit has been filed against the defendants therein, who claim themselves to be the leader of Dr.Ambedkar Youth CIub and have started construction ,]f tne Youth Club without obtaining any permission from the Gram Panchayat. The defendants therein did not appear and therefore, an exparte decree was passed in favour of the petitioner. None of the respondents have challenged the said decree and it has become final. In the plaint, it was clearly mentioned that there was a path of 12 feet ./l I 8 leading to the house of the petitioner. Even in the counter affidavit filed by the respondents No.2 and 3, it is stated that there was a passage leading to the house'6f the petitioner and its width was 6 feet. However, in the latest instructions dated O9.O1.2O25, the width was shown as 4 feet. Therefore, it is clear that there is encroachment of the path leading to the petitioner's property by the respondents. Thus, prima-facie case and balance of convenience is in favour of the petitioner for granting reliel to the petitioner. 1 1. In view of the same, the respondents are directed to veriff the records of allotment of the house site to the petitioner and if there is a path either on the Western or the Eastern side leading the way to the petitioner's property (there appears to be only one path leading to the petitioner's property), then the respondents shall ensure that the path of the width mentioned in the allotment letter shall be maintained and the encroachments of the said path shall be removed to enable the petitioner the easy access to his property. The entire exercise sha,ll be completed within a period of two (2) months from the date of receipt of a copy of this order. The petitioner shail be updated about the developments in this process. ) ) 9

12. Accordingly, this writ petition is disposed of' There shall be no order as to costs

13. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed. //TRUE COPY// _/ SD/- A. SRINIVASA REDDY SSI TANT REGISTRAR ECTION OFFICER To, I

1. The District Panchayath Officer, Karimnagar 2. The Sarpanch, Gram Panchayath, Ellanthakunta (V) and (ttil), Karimnagar District.

3. The Secretary, Gram Panchayath, Ellanthakunta (V) and (M), Karimnagar District.

4. The Superintendent of Police, Karimnagar, Karimnagar District. 5. The Sub-lnspector of Police, Ellanthakunta (V) and (M), Karimnagar District. 6. The Tahsildar, Ellanthakunta Mandal, Rajanna Sircilla District, (Old Karimnagar District)

7. One CC to SRI V.V.RAiMANA RAO, Advocate [OPUC] 8. One CC to SRI HARIKISHAN KUDIKALA, Advocate IOPUCJ 9. One CC to SRI P.KISHORE RAO, SC FOR GRAtvl PANCHAYAT [OPUC] 10.Two CCsto GP FOR PANCHAYAT RAJ & RURAL DEV, High Courtforthe State of Telangana at Hyderabad [OUT]

11.Two CCs to GP FOR HOtt/E, High Court for the State of Telangana at Hyderabad [OUT]

12.Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad [OUT]

13.Two CD Copies BSR GJP +y I HIGH COURT DATED: 1910212025 ORDER WP.No.33847 of 2013 rv\ S T r€ '5 t) t' ,/, O2 llAY 2S6 Z t c .s PAT c DISPOSING OF THE WRIT PETITION, WITHOUT COSTS I {