Telangana High Court
Marri Bharathi Reddy, R.R. Dist. vs Mpdo, Saroornagar Mandal And Ano. on 7 June, 2024
IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH
AT HYDERABAD
THURSDAY , THE TWENTY FOURTH DAY OF JANUARY
TWO THOUSAND AND THIRTEEN
:PRESENT:
THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO
WP NOs: 39717 of 2012, 39288 of 2012, 37149 of 2012 & 39380 of 2012
WP NOs: 39717 of 2012,
Between:
Marri Bharathi Reddy W/o. Late: Pratap Reddy, Occ: Doctor, R/o. H.No. 9-
77-1/A, Yadagimagar, Rd_No. 1, Chempapet, Hyderabad Rep. by her GPA
Holder, J. MadhavaReddy S/o. Yella Reddy, Rio. 7-435, Bhrundavan
Colony,
Ibrahimpatnam, Rangagreddy District.
..... Petitioner
AND
1 The Mandal Praja Parishad, Saroornagar Mandal, Rangareddy district
rep.
by its Mandal Parishad Development Officer.
2 The Tahsildar, Saroornagar Mandal, Rangareddy district.
3 Yatam Anjaiah S/o. Pochaiah, 5-93/1, Nadargul Village, Saroornagar
Mandal, R. R District
R3 is impleaded as per C.O. dt. 4-1-13 in WPMP 198/13
.....Respondents
Petition under Article 226 of the Constitution of India praying
that in the circumstances stated in the affidavit filed herein, the High Court
may be pleased to issue an appropriate writ, particularly one in the nature of
Mandamus or any other appropriate writ declaring that the respondents are
trying to doing road work over the part of petitioner's agricultural lands in
Sy.No. 61/A admeasuring 9 Acres and 16 guntas situated at Nadergul
village, Saroornagar Mandal, Rangareddy district, though having injunction
orders against some third parties in OS No. 632/2011 passed in IA No.
1697/2011 pending on the file of the 1st Addl. Jr.Civil Judge, L.B.Nagar,
Rangareddy district as illegal, arbitrary, against the principles of natural
justice and violating of Article 14 of the Constitution of India and
consequently declare the construction of road over the petitioner's land by
the respondents herein as illegal, against the law.
The petition coming on for hearing, upon perusing the
Petition and the affidavit filed herein, and upon hearing the arguments of
SRI CH. ANJANEYULU, Advocate for the Petitioner, Sri P. Raghavender
Reddy, Standing Counsel for Panchayat for Respondent No.1, GP for
Revenue for Respondent No.2 and of Sri K. Venumadhav, Advocate for
Respondent No.3.
WP NOs: 39288 of 2012
Between
Yatham Yadamma W/o. Late: Yatham Narsimha, Occ: Agriculture,
R/o. Nadargul Village, Saroor nagar Mandal, Rangareddy District
..... Petitioner
AND
1 The Divisional Panchayat Officer, East Division, Ranga Reddy District
2 The Mandal Praja Parishad, Saroomagar Mandal, Rangareddy district
rep.
by its Mandal Parishad Development Officer.
3 The Secretary, Grampanchayat Nadergul Village, Saroonagar Mandal,
Rangareddy district.
4 The Tahsildar, Saroornagar Mandal, Rangareddy district.
5 The Commissioner, Panchayat Raj and Rural Development, A.P.
Narayanguda, Hyderabad.
6 Kallem Pentareddy S/o. Linga Reddy, Occ: Business, R/o. Nadergul
village, Saroomagar Mandal, Rangareddy district.
.....Respondents
Petition under Article 226 of the Constitution of India praying
that in the circumstances stated in the affidavit filed herein, the High Court
may be pleased to issue an appropriate writ, particularly one in the nature of
Mandamus or any other appropriate writ declaring that the respondents are
trying to doing road work over the part of petitioner's agricultural lands in
Sy.No. 63/AA &63/E admeasuring 8 Acres and 8 guntas situated at
Nadergul village, Saroornagar Mandal, Rangareddy district, though having
injunction orders against the respondent No.6 in OS No. 2035/2011 passed
in IA No. 1006/2011 pending on the file of the IInd Sr..Civil Judge,
L.B.Nagar, Rangareddy district as illegal, arbitrary, against the principles of
natural justice and violating of Article 14 of the Constitution of India and
consequently declare the construction of road over the petitioner's land by
the respondents herein as illegal, against the law.
The petition coming on for hearing, upon perusing the
Petition and the affidavit filed herein, and upon hearing the arguments of
SRI CH. ANJANEYULU, Advocate for the Petitioner, Sri P. Raghavender
Reddy, Standing Counsel for Panchayat for Respondent No.3, GP for
Revenue for Respondent No.4 and of Sri S. Sandeep Reddy, Advocate for
Respondent No.6, GP for Panchayat Raj for Respondent Nos.1 & 5.
WP NOs: 37149 of 2012
Between
J.Narasimha S/o J.Jangaiah R/o 10-5, Kammaguda, Nadergul Village,
Saroornagar Mandal, Ranga Reddy District
..... Petitioner
AND
1 Mandal Praja Parishad, Saroornagar Mandal, Ranga Reddy District,
represented by its Mandal Parishad Development Officer
2 The Tahsildar, Saroornagar Mandal, Ranga Reddy District
3 Y.Venkatesh S/o Y.Jangaiah, R/o Nadergul Village, Saroornagar
Mandal,
Ranga Reddy District
.....Respondents
Petition under Article 226 of the Constitution of India praying
that in the circumstances stated in the affidavit filed herein the High Court
may be pleased to issue a writ of Mandamus or any other appropriate Writ
or Writs, order or direction, declaring the inaction of Respondents No.1 & 2
in acting upon the representation dt.12.11.2012 submitted by the petitioner
and other residents of Kammaguda, H/o.Nadergul village, Saroomagar
Mandal, Ranga Reddy District, as illegal and arbitrary by directing the
respondents No.1 & 2 to forthwith initiate steps to fill the dug up road leading
from MVSR Engineering College to Kammaguda and to clear the debris
and make the road fit for use by public; Award costs.
The petition coming on for hearing, upon perusing the
Petition and the affidavit filed herein, and upon hearing the arguments of
SRI SUJAN KUMAR REDDY, Advocate for the Petitioner, Sri P.
Raghavender Reddy, Standing Counsel for Panchayat for Respondent
No.1, GP for Revenue for Respondent No.2.
WP NOs: 39380 of 2012
Between
1 Sphoorthy Engineering College, Nadergul Village, Saroornagar Mandal,
Ranga Reddy District represented by its Principal, Dr.V.Chandra
Mouli
2 K.Sriram Reddy S/o.Janga Reddy, R/o.Nadergul village, Saroornagar
Mandal, Ranga Reddy District.
3 Y.Devender Reddy S/o. Yella Reddy,R/o.Nadergul village, Saroornagar
Mandal, Ranga Reddy District
..... Petitioners
AND
1 Mandal Praja Parishad, Saroornagar Mandal, Ranga Reddy District,
represented through Mandal Parishad Development Officer.
2 The Tahsildar, Saroornagar Mandal, Ranga Reddy District.
3 Y. Venkatesh S/o.Not known, R/o.Nadergul Village, Saroornagar
Mandal,
Ranga Reddy District.
4 The Nadergul Gram Panchayat, Nadergul Village Saroornagar Mandal
R.R
District, rep b its Secretary
R4 is impleaded as per C.O dt 4-1-2013 in WPMP 50938 of 12
.....Respondents
Petition under Article 226 of the Constitution of India praying
that in the circumstances stated in the affidavit filed herein, the High Court
may be pleased to issue a writ of mandamus or any other appropriate writ
or writs order or direction to direct the respondents No.1&2 herein to clear
the debris and fill the dug up road leading from MVSR Engineering college
to Kammaguda Nadergul , Saroornagar Mandal, Ranga Reddy District and
take all further steps to make the said road motorable and usable by public
Award costs. .
The petition coming on for hearing, upon perusing the
Petition and the affidavit filed herein, and upon hearing the arguments of
SRI M. SATISH KUMAR, Advocate for the Petitioner, Sri P. Raghavender
Reddy, Standing Counsel for Panchayat for Respondent No.4, GP for
Revenue for Respondent No.2, The Court made the following:
ORDER:
Admit.
Rule nisi. Call for records. Notice returnable in four weeks.
In all these cases, a serious dispute has been raised as to whether a road connecting Nadergul village, Saroor Nagar Mandal, Ranga Reddy District to Kammaguda village is a public road or not, inasmuch as a portion of the same of approximately 405 feet length has been dug up by one of the parties to prevent it's usage. There are rival claims about the ownership of the land through which the crucial bit of the 40 ft wide road was passing through. There are civil suits exchanged between the parties and which are pending. There are also injunction orders subsisting.
Therefore, it was not proper at this stage to pronounce any opinion upon the right, title and interest of any of the parties over this extent/bit of land.
But, however, since Engineering Colleges are situated in Kammaguda village and the residents of Kammaguda are also using this road earlier and if they are now suddenly prevented from using this road because a portion thereof was dug, it would cause enormous inconvenience. Hence, I have called for a factual report from the District Panchayat Officer because of the controversy generated by a certificate issued by the Secretary, Gram Panchayat, Nadergul about the existence of the road. The District Panchayat Officer had filed a detailed affidavit in the matter enclosing thereto the necessary material. After conducting a meeting on 18.1.2013 in the office of the Revenue Divisional Officer, East Division, the following five features have been noted by the District Panchayat Officer:
(1) There is no road as per the Naksha/village road (map).
(2) There is no road formed by Gram Panchayat/Panchayat Raj Department or any other Government Department.
(3) No houses were constructed around the disputed road.
(4) A kacha road was formed partly with the understanding of the pattadars only. The owner of the digged portion of the road person is not agreed to form the road from his private patta land.
(5) Hence there is no public road.
But, however, Sri Sudeep, has, in my opinion, very rightly drawn my attention to a principle of law settled long years ago by the Privy Council in [1] Mohd. Rustam Ali Khan v. Municipal Committee of Karnal City , wherein the principle has been settled in the following words:
"In order to constitute a valid dedication to the public of a highway by the owner of the soil, it is clearly settled that there must be an intention to dedicate - there must be an animus dedicandi, of which the user by the public is evidenced and no more; and a single act of interruption by the owner is of much more weight, upon a question of intention, than many acts of enjoyments....."
In support of this legal principle Sri Sudeep has also pointed out that as early as in 2007 itself, the owners of this bit of land have dedicated this particular piece of land for formation of a road by the Gram Panchayat. It is, therefore, contended by Sri Sudeep that the dedication made by the true owners is complete and hence a road of 40 ft wide is formed and hence it must be taken as a public road. If it is a public road, no portion thereof can be disturbed by any other person.
However, Sri Anjaneyulu, learned counsel would submit that their right, title and giving consent is in doubt and the civil court is now seized of the matter.
If the civil court were to decide the question later on holding that those who have given the consent are not the true owners, their consent will not carry any legal consequence. In view of this controversy, this question must be left open to be addressed later on depending upon the result in the civil suit.
But, however, as per the legal principle set out in the judgment rendered by the Privy Council, the dedication made by the private pattedars has transformed itself, as of now at least, into formation of a public road. From the material annexed to the District Panchayat Officer's report, I could clearly notice that two long stretches of this road are also black topped. In such circumstances, the balance of convenience clearly lies in allowing the dug up portion to be re-done to form continuation of the 40 ft road. But, however, the consolidation/reformation work alone must be undertaken by the petitioners in WP No. 39380 of 2012. But, however, they shall not blacktop the said portion. The road shall be allowed to be used as it was earlier allowed to be used without any let or hindrance. Post all the above cases for final hearing.
ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To 1 The Mandal Parishad Development Officer, Mandal Praja Parishad, Saroornagar Mandal, Rangareddy district 2 The Tahsildar, Saroornagar Mandal, Rangareddy district. 3 Yatam Anjaiah S/o. Pochaiah, 5-93/1, Nadargul Village, Saroornagar Mandal, R. R District 4 The Divisional Panchayat Officer, East Division, Ranga Reddy District 5 The Secretary, Grampanchayat Nadergul Village, Saroonagar Mandal, Rangareddy district.
6. Y.Venkatesh S/o Y.Jangaiah, R/o Nadergul Village, Saroornagar Mandal, Ranga Reddy District.
7. Y. Venkatesh, R/o.Nadergul Village, Saroornagar Mandal, Ranga Reddy District. (1 to 7 by RPAD)
8. Two CC to GP for Revenue, High Court of A.P., Hyderabad (OUT)
9. Two CC to GP for Panchayat Raj, High Court of A.P., Hyderabad (OUT)
10.One CC to SRI CH. ANJANEYULU, Advocate (OPUC)
11.One CC to SRI SUJAN KUMAR REDDY, Advocate (OPUC)
12.One CC to SRI M. SATISH KUMAR, Advocate (OPUC)
13.One spare copy.
Tvr HIGH COURT NRRJ ORDER DATED: 24-01-2013 WP NOs: 39717 of 2012, 39288 of 2012, 37149 of 2012 & 39380 of 2012 DRAFTED: TVR Dated: 28-01-2013 HIGH COURT NRRJ ORDER DATED: 24-01-2013 WP NOs: 39717 of 2012, 39288 of 2012, 37149 of 2012 & 39380 of 2012