Telangana High Court
Boya Mareppa vs The State Of Telangana on 25 November, 2025
THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI
WRIT PETITION NO.20758 OF 2025
ORDER
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. 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. 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 1, 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
others2, wherein the Division Bench judgment of this Court in the case
of Koganti Venkata Suryanarayana Vs. State of Andhra Pradesh
and others (1 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.
2018 (3) ALD 72 (DB)
W.P.No.14988 of 2024 dt.09.04.2025
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 (1 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 (2 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.
___________________________
JUSTICE T. MADHAVI DEVI
Date: 25.11.2025
Svv
