Chappidi Venkat Reddy v. The State of Telangana

Court: High Court for State of Telangana

Bench: K.LAKSHMAN

Judgment date: 2025-08-01

Case summary

High Court for State of Telangana judgment dated 2025-08-01. Chappidi Venkat Reddy v. The State of Telangana. Read the judgment and case details on LawSphereX.

Judgment text

[ 3168 ] IN THE. HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K. LAKSHMAN WRIT PETITION NO: 22604 0F 2025 Between: Venkat Reddy, Qnap. qiQi S/o. Ram Reddy, Age 60 years, Occ. Agricutture, R/o- H. No. 1-4-24et1ottAp:B. arajinasar, ru6ir v""iJoiJJiJ's"*l-ry"'ii1"pr", Suryapet Town, Suryapet District. ... PETITIONER AND . 1 . The State of Telangana, Rep. by its principal Secretary, Revenue peplrtment, Secret"tariat. Hy'OerdOaO. ^ 2. The District Collector, Suryapet District, at Suryapet. 3. The Revenue Divisionat Ohiler, Surya[et oiuidioi, brryapet, Suryapet District. 4: The Tahsildar, Chiwemla [\,4andal, Suryapet District. ...

RESPONDENTS Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue an appropriate writ, order or directron more particurarry one in the nature of Writ of A,4andamus declaring proceedings ine No. B/Prajavatnir111r2o24 dated r-04-2o25 of the respondent No. 4 and in not considering petitioner's representation dated 23-5-2025 and in not crearry ilegar encroachments over existing 1g feet road consisting in Sy. No,76, 4g, 50 and 51 situated ate Ailapuram Vilage, chivvemra N/andar, Suryapet District as iflegar, arbitrary, contrary to the settred principres of raw apart from vioration of principres of natural justice and consequen y drrect the respondents to forthwith consider the petitioner's representation dated 23-s-2o2s and forthwith clear illegar encroachment over the road consisting in Sy. No. 76, 49, 50 and 5.

1 situated ate Ailapuram Village, Chivvemla IVlandal, Suryapet District. lA NO: 1 OF 2025 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 to forth with restore existing 18 feet road in sy No. 76, 49, District by 50 and 51 situated ate Ailapuram Village, chivvemla l/andal, suryapet settingasideendorsementofrespondentNo. 4inProceedingsNo. B/pra javatni/19 112024 dl. 7-o4-2O25 pending disposal of the above writ petition. Counsel for the Petitioner: SRI B. SUDHIR BABU Counsel for the Respondents: SRI L. RAVINDER, AGP FOR REVENUE The Court made the following: ORDER THE IION'BLE SRI JUSTICE K. LAKSIIMAN WRIT PETITTON No. 22604 of 2025 ORDER: Heard Sri B. Sudhir Babu, learnsd counsel for petitioner and Sri L. Ravinder, leamed Assistant Govemment pleader for Revenue appearing tbr respondents. 2.

Petitioner herein is clairning that hc is the absolute owuer and possessor of agricultural lanci adnreasuring Acs. 3. 06 guntas in Survey Nos. 49, 51 situated at Ailapui-am Viltage, Chivvemla Man dal, Suryapet District. it. is his ancestral property. There is an existing l g feet road in Survey Nos. 76, 49, 50 and 51 proceeding through a canal bund and it is a Government land. The petitioner and other agiiculturists are using the said road to go to their agricultural fields. However, some third parlies encroached upon the said road. Thus, the petitioner and other agriculturists are unable to plocecd with the agricultural operations in their lands. Therefbre, thc petitioner has submitted a representation dated 13. 05. 2025 [o 4'h responclent. Tahsildar, Chivvemla Mandal, Sur1,2ps1 District, with a request to survey and fix boundaries . -- 2 ]\ L' . l \,. t, \o 2t. )0+ ot 2t)jr in respect of the road in the aforesaid Survey Numbers proceeding through a canal bund.

Vide endorseurent dated 01 . 04. 2025, 4'h respondent rejected the aforesaid representation submitted by the petitioner by stating that tlie excess land is not recorded as a stream in the map as such it is not possible to conduct survey and fix boundaries' Challenging issued by the said eudorsement dated 07 '04'2025 4'h respondent. petitioner filed the present Writ Petition' 3. Placing reliance on the judgments of the Apex Court tn v' and a nother Sree Srvay'am Prakash Ashramam the High Court of G. Anandavallv Amma and othersl and Rao and at Amaravathi, in Bale Nageswara Andhra Pradesh I others 1.. State of Andhra Pradesh and others2, learned counsel fbr the petitioner would contend that 4'h respondent did not considel the eascurentary rights of the petitioner in thc in. rpugned endorsement dated 01 '04'2025 ' 4. Itisrclevarrttollotethatifthepetitiorrerishar,ingany issue rvith regard lo his easementary rights, he has to approach the ciVil Court. Hou'ever.

4'l' responcient bcing Taiisildar ' t0l0(l). \LI) 60 (SCl) t:o::(+r rLD r. 9; (,tt' r hl,.. J \\ P \o 2260. 1 ol 2O2a carlllot go into thc aspect of easementary rights of the petitioncr. Further, the afore-citcd judgments arc not applicable to the case of the petitioner herein. The petitioncr fhiied l. o make out any case so as to intert'ere with the irnpugned endorsement dated 07. 04. 2025 issued bv 4rtt respondcnt. Hence, this Writ petition is liable to be dismissed -;. Accordingly, petition this Writ is disrnissed. Hor,vever. liberty' is grantcd to the petitioner to take steps in accordance w,ith [ar. r,. There shall be no order as to costs. Miscellaneous applications, if any pending, shall stand closecl I SD/. S. MALLIKARJU NA RAO A SISTANT REGISTRAR //TRUE COPYII SECTION OFFICER To '1 . One CC to SRI B. SUDHIR BABU. Advocate loPU 2. fwo CCs to GP FOR REVENUE, High Court for the State of Telangana, at Hyderabad. [OUT] 3. Two CD Copies PSK fKS HIGH COURT DATED:0110812025 ORDER ?.

a WP. No. 22604 of 2025 . :) ii,j 2[25 o SEP \i '15 , . // * Dq 1;1t 1 1'-'t' ' ';'/' I WRIT PETITION DISMISSING THE WITHOUT COSTS 6 lr \2

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