High Court · 2025

Petition under Article 226 ot the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue appropriate writ, order or direction more particularly writ of mandamus declaring the action of the Respondents, without following the due process of law to widening the road from Asifnagar (Kothapally mandal) to Kurikyla (Gangadhara mandal) Karimnagar, and interfering with the possession of the petitioners property of agriculture land admeasuring Acre 4- 0850 Guntas in sy. Nos. 2g8tE11,301/A and 71BlAtA, situated at Uppara Malliyal Village, Gangadhara Mandal, Karimnagar District, is illegal, unconstitutional, and violates the Articles 21 and 300- A of the constitution of lndia, and consequently direct the Respondents that not to interfere with the possession of the petitioners agriculture land admeasuring Acre 4- 0850 Guntas in sy. Nos. 2981E11, 3O1lA and 718tNA, situated at Uppara Mallial Village, Gangadhara Mandal' Karimnagar District without issuing notice/notificatio n and withor.rt following due process of law to acquire the property lA NO: 'l 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 pli:ased to direct the respondents herein not to interfere with the possession of the petitioners agriculture land admeasuring Acre 4-0850 Guntas in Sy. Nos. 2981E11, 301/A and 71BlAlA, situated at Uppara Malliyal Viltage, Gangadhara Mandal, Karimnagar District, without following due process of law Counsel for the Petitioner: SRl. AEDULA GOVINDA REDDY Counsel forthe Respondent Nos. 1&2: GP FOR ROADS AND BUILDINGS Counsel for the Respondent Nos. 3&4: GP FOR REVENUE The Court made the following: ORDER THE HON'BLE SRI JUSTICE T. VINOD KUMAR WRIT PETITION No.36951 OF 2024 ORDER: Heard learned Counsel for the petitioners, learned Government Pleader for Roads & Buildings appearing on behalf of respondent Nos. 1 and 2, Iearned Government Pleader for Revenue appearing on behalf of respondent Nos.3 and 4 and with the consent of learned Counsel appearing for the parties, the Writ Petition is taken up for hearing and disposal at the stage of admission.

2. The case of the petitioners, in brief, is that they are the owners and possessors of land in Sy. No.298 lEll,3OllA and 718lAlA, admeasuring Ac.0.37 gts., Ac.3.O9 gts and Ac.O-O2Yz gts, respectively in Uppara Maliyal village of Gangadhara Mandal, Karimnagar District; and that the respondent authorilies withoul issuing any notice for acquiring the lands are interfering with the possession of the petitioners over the lands by undertaking widening of the road from Asifnagar (Kothapally Mandal) to Kurikyla (Gangadhara Mandal) Karimnagar District, which action it is contended is highly illegai, unconstitutional, and violative of Articles 21 and 3O0-A of the Constitution of India. 2 '.,

3. Petiticrners further contend that on account of the respondents taking up widening of lhe aforemenrroned road including the land of the petitioners in Sy. No.298/ tr/ 1 and 301/A, wherein cultivation of paddy crop undertaken by them is being affecled and thus seeks a direction to resr_rain the respondents from interfering with their possession over the land without following due process of law.

4. Per contrcL, learned Government Pleader appearing on behalf of respondents submits that the respondent authorities have taken up the work of widening ol the existing road, including th6 12n61 left as Right of Way (RoW).

5. Learnr:d Government Pleader further submits that since the authorities have only undertaken re-carpeting of thc existing black top ro,td by including the adjoining ROW, the atrthorities did not initiate any land acquisition proceedings.

6. Learned Government Pleader further submits that the petitioners taking advantage of the non-existence of road over RoW on the ,rther hand have undertaken culLivation beyond the land possessed by him.

7. I have taken note of the respective contentions ur13ed.

8. The pattadar passbook issued by the Government of Telangana s;hows the petitioners to be the own,:rs and 3 possessors of land to an extent of Ac.0.37 gts and Ac.3.09 gts in Sy. No.298/E/ 1 and 301/A of Uppara Maliyal viliage of Gangadhara Mandal, Karimnagar District and thus the title bf the petitioners to the aforesaid land is not in dispute. The only dispute is as to whether the respondent authorities have undertaken widening of road without issuing any notice, thereby encroaching into the petitioners land in the aforesaid survey numbers or the petitioners have undertaken cultivation in the land which is left as ROW. The said question of fact canno[ be decided on mere assertions in the affidavit or on the basis of photographs filed without undertaking a comprehensive sLrrvey.

9. In view of the above, this Court rs of the view that the respondent authorities, particularly the 4ff respondent is to be directed to get the land of the petitioners in Sy. Nos.298/E/ 1 and 301/A of Uppara Maliyal village of Gangadhara Mandal, Karimnagar District, surveyed by the concerned survey authorities and to demarcate the same. On the respondent authorities undertaking survey as directed by this Court, if it is found that any part of the land of the petitioners has been affected by widening and laying of black top road, the 2"d { respondent is required to initiate land acquisition proceedings .+ for paymen t of compensation under the provisions o I Right to Farr Compensation, and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 20 13 (for short ,tLLe Act,). 1O. Since the petitioners claim that the respondent authorities are proceeding with the laying of roa,l in the petitioners land, this Court is of the view that the respondenl authorities zrre to be directed to undertake preliminary survey of land on or before 10.01.2025.

11. Furthr:r, as this Court now directed the respondent authorities to conduct a survey to demarcatc the larrd of the petitioners in the alorementioned survey numbcrs Lo the extent as indicated in the patta passbook, the petitioners are directed to make etvailable copies of the sale deeds to ide rtifv the boundaries of the land of the petitioners. 12. Subject to the above direction, the Writ petition is disposed of. No costs. Miscellaneous petitions, if any, pending in teis Writ Petition shall stand closed. I i t I I j I //rRUE coPY/' SD/. V.HARI PRASAD ASSISTANT R{.SISTRAR ,EcrtoSFFlcER The Principal Secretary, Roads and Buildings Department, Secretariat, T.S.,Hyderabad. The Eiecutive Engineer, Roads and Buildings, Karimnagar Division, Karimnagar, Karimnagar District The Distiict Collector, Karimnagar District. The Revenue Divisional Officer, Karimnagar Division, Karimnagar, Karimnaoar District One CCio SRl. AEDULA GOVINDA REDDY, Advocate IOPUCI Two SCCs to cP FOR LAND ACQUISITION ,High Court for the State of Telangana at Hyderabad [OUT] Two CD Copies BM . ry w*r]xtxx3$xx&P6-'--...3s-r{a'i*'*,&&&&€.t*. - l::S*X*W..brra lr, 1 2 3 4 5 ,r'6 7 .. Clw BSR / CC TODAY ri E STAre L [ 3 iiii Zt[x ( ? 1) c +i l: HIGH COURT DATED:0210112025 ORDER WP.No.36951 of 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \ {