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2025 DIGILAW 1627 (TS)

Boya Mareppa v. State of Telangana

2025-11-25

T.MADHAVI DEVI

body2025
ORDER : T. MADHAVI DEVI, J. In this Writ Petition, the petitioner is seeking a Writ of Mandamus declaring the action of the official respondents in not taking any steps against the unofficial respondents for encroachment of 33 feet of cart track which is in existence since time immemorial in between Survey Nos.457/E and 24 situated in Mittadoddi Village, Gattu Mandal, Jogulamba Gadwal District despite the petitioner’s representations dt.23.09.2024, 18.10.2024, 21.10.2024, 27.01.2025 and 04.03.2025, as illegal and arbitrary and consequently to direct the official respondents to act upon the representations of the petitioner and to take steps to restore the 33 feet cart track and to pass such other order or orders. 2. Brief facts leading to the filing of the present Writ Petition are that the petitioner claims to be the absolute and lawful owner and pattedar of agricultural land admeasuring Ac.1.37 guntas in Survey No.457/E having purchased the same from one Uppari Venkateswarlu vide registered sale deed bearing Document No.4704/2008 dt.12.08.2008. The pattadar pass book number of the petitioner is T02040110814 bearing Khata No.1450. It is stated that the schedule of the property shows that on the East it is bounded by Mittadoddi Chagadonne road and on the West it is bounded by land of one Eramma, mother of Veerender and on the North it is bounded by R&B Road and on the South it is bounded by land of one Timma Reddy and ever since the date of purchase, the petitioner is in peaceful possession and enjoyment of the same. It is stated that after purchasing the land, the name of the petitioner was also mutated in revenue records and pattadar and title deed passbook was issued. It is stated that the unofficial respondents, on 09.10.2024, highhandedly started interfering and encroaching upon the boundary line between R&B Government road and the petitioner’s agricultural land and were not allowing the petitioner to plough his land in Survey No.457/E by dumping mud and laying shabad stones and trying to erect huts and buddies illegally by using men and muscle power. He claimed that the said land belongs to him. The petitioner therefore filed representations dt.23.09.2024, 18.10.2024, 21.10.2024, 27.01.2025 and 04.03.2025 to the official respondents about the encroachment and also the attitude of the unofficial respondents. It is submitted that survey was conducted on 26.10.2024 and 18.01.2025 by the Mandal Surveyor, Ghattu Mandal and boundaries were fixed. He claimed that the said land belongs to him. The petitioner therefore filed representations dt.23.09.2024, 18.10.2024, 21.10.2024, 27.01.2025 and 04.03.2025 to the official respondents about the encroachment and also the attitude of the unofficial respondents. It is submitted that survey was conducted on 26.10.2024 and 18.01.2025 by the Mandal Surveyor, Ghattu Mandal and boundaries were fixed. However, the unofficial respondents were again encroaching the 33 feet road. It is submitted that even as per the village map, 33 feet is shown as cart track, but the official respondents, in spite of the representations, have not taken any steps for the protection of the 33 feet cart track and prevention of encroachment. It is alleged that the unofficial respondents have thus occupied 33 feet cart track in between Survey Nos.457/E and 24 and thereby causing trouble and hardship to the petitioner and his family members and therefore, the petitioner is constrained to file this Writ Petition seeking a direction to the official respondents to take action against the unofficial respondents and to restore the 33 feet cart track road. Along with the Writ Petition, the petitioner has filed copies of the representations filed by him and also copies of the documents, title deeds and other documents to demonstrate his title over his property. The petitioner has also filed the village map and also the google map to demonstrate that there existed a cart track between Survey Nos.457/E and 24. 3. Respondent No.5, Tahsildar, has filed a counter affidavit confirming that as per the village map, there is a pathway shown in between Survey Nos.457 and 24 of Mittadoddi Village, Ghattu Mandal but stated that as per the survey conducted based on Tippons, there is no gap in between these two survey numbers and there is no pathway existing on the spot. It is stated that as per the measurements mentioned in the Tippons, the area tallied and there is no excess extent of land available for the road as claimed by the petitioner and therefore, the request of the petitioner for providing road in between Survey Nos.457 and 24 cannot be considered. 4. The petitioner has filed a reply to the counter affidavit and submitted that since there is an existing road in between Survey Nos.457 and 24 as per the village map, the official respondents are bound to protect and provide the same. 4. The petitioner has filed a reply to the counter affidavit and submitted that since there is an existing road in between Survey Nos.457 and 24 as per the village map, the official respondents are bound to protect and provide the same. It is submitted that the official respondents are duty bound to take action for removal of encroachments under Section 92 of the TELANGANA PANCHAYAT RAJ ACT . He has also drawn the attention of this Court to the definition of ‘public road’ under Section 2(34) of the TELANGANA PANCHAYAT RAJ ACT to mean “even the footway attached to any such road, public bridge or causeway and even to cart way.” He submitted that Section 24 of the A.P. (Telangana) Land Revenue Act, 1317-F provides that all public roads, lanes, paths, bridges, etc., are the property of the Government and as held by the Division Bench of this Court in the case of Koganti Venkata Suryanarayana Vs. State of Andhra Pradesh and others , [ 2018 (3) ALD 72 (DB)] , in respect of an encroachment on public roads and streets, causing obstruction over roads closing access to public, etc., appropriate action has to be taken by the Local Bodies to remove the same. He also referred to the decision of this Court in the case of Athkuri Vijay Vs. The State of Telangana rep. by its Principal Secretary, Panchayat Raj Department and others , [W.P.No.14988 of 2024 dt.09.04.2025] , wherein the Division Bench judgment of this Court in the case of Koganti Venkata Suryanarayana Vs. State of Andhra Pradesh and others ( 2018 (3) ALD 72 (DB) supra) has been followed and the respondents therein were directed to remove the encroachment and re-establish the subject cart track in accordance with rules under Section 26 of the Andhra Pradesh Boundaries Act , 1923. 5. In spite of service notice, the unofficial respondents have not appeared. 6. Respondent No.6 Gram Panchayat also has filed a counter affidavit stating that there is no cart way in between Survey Nos.457 and 24 on the spot though it is demarcated in the village map. 7. Having regard to the rival contentions and the material on record, this Court finds that the ownership and possession of the petitioner over an extent of Ac.1.37 guntas in Survey No.457/E of Mittadoddi Village, Gattu Mandal, Jogulamba Gadwal District is not in dispute. 7. Having regard to the rival contentions and the material on record, this Court finds that the ownership and possession of the petitioner over an extent of Ac.1.37 guntas in Survey No.457/E of Mittadoddi Village, Gattu Mandal, Jogulamba Gadwal District is not in dispute. It is also not in dispute that the village map shows that there is 33 feet cart track in between Survey Nos.457 and 24. It was in these circumstances that the official respondents were directed to file a counter affidavit and after survey along with Tippons, they have reported that there is no land for cart track between Survey Nos.457/E and 24 as per Tippons. 8. As held by the Division Bench of this Court in the case of Koganti Venkata Suryanarayana Vs. State of Andhra Pradesh and others ( 2018 (3) ALD 72 (DB) supra) which was followed by this Court in the case of Athkuri Vijay Vs. The State of Telangana rep. by its Principal Secretary, Panchayat Raj Department and others (W.P.No.14988 of 2024 dt.09.04.2025 supra) , the official respondents are required to identify and demarcate the cart track as demonstrated in the village map. The official respondents may therefore re-conduct the survey with Tippons of surrounding survey numbers to identify the cart track land and re-demarcate the cart track in between Survey Nos.457 and 24 of Mittadoddi Village, Gattu Mandal, Jogulamba Gadwal District. The official respondents are therefore directed to consider the representations of the petitioners dt. dt.23.09.2024, 18.10.2024, 21.10.2024, 27.01.2025 and 04.03.2025 and to take appropriate steps for identification and protection of the subject cart track expeditiously. 9. The Writ Petition is accordingly disposed of. No order as to costs. 10. Pending miscellaneous petitions, if any, in this Writ Petition shall stand closed.