AVULA ANITHA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Writ Petition has been filed by the petitioner seeking a Writ of Mandamus declaring the action of respondents 2 and 3 in not taking any action on the representations of the petitioner dt.3/4/2019 and 10/2/2021 for removal of the gate erected by respondents 6 and 7 along with compound wall over the public road which passes through the land in Survey Nos.301/1, 303, 310 and 309 of Janawada Village, Shankarpally Mandal, Ranga Reddy District from Shankarpally Main Road to Vattinagulapally, as illegal and arbitrary and consequently to direct respondents 2 and 3 to protect the public road as shown in HMDA master plan and also direct respondents 2 and 3 to open the gate which has been illegally erected by respondents 6 and 7 to have access to the public road which passes through the land in Survey Nos.301/1, 303, 310 and 309 of Janawada Village, Shankarpally Mandal, Ranga Reddy District.

(2.) Brief facts leading to the filing of this Writ Petition are that the petitioner claims to be the owner and possessor of the agricultural land admeasuring Ac.6.01- gts., in Survey No.309 of Janawada Village, Shankarpally Mandal, Ranga Reddy District on purchase of the same through a registered sale deed Document No.8795 of 1996 dt.31/10/1996 from its original owner C.Shamlal by paying valid sale consideration. According to the petitioner, respondents 6 and 7 constructed a compound wall and erected a gate in Survey Nos.301/1, 303, 309 and 310 of Janawada Village. Alleging that the respondents are encroaching upon the land of the petitioner, the petitioner filed a suit in O.S.No.48 of 2004 on the file of the Junior Civil Judge, Ranga Reddy District at Chevella and the same was decreed in her favour on 8/12/2009 and the unofficial respondents preferred an appeal vide A.S.No.78 of 2012 before the Hon'ble District Judge, Ranga Reddy District at Vikarabad and the same was remanded to the trial Court for rectification of errors and clarification of the document mentioned in the judgment and decree. The said rectifications were carried out in I.A.No.359 of 2014 in O.S.No.48 of 2004 by order dt.11/12/2014 and thereafter, the respondents did not file any appeal but filed set aside petition vide I.A.No.310 of 2018 in I.A.No.359 of 2014 in O.S.No.48 of 2004 and the same is pending. It is submitted that respondents 6 and 7 have encroached upon the public road and erected a gate and raised a compound wall in and around their land without valid permission from the competent authorities with an intention to grab the petitioner's property. It is submitted that there is a road of 30 metre width and the same is notified by respondent No.2 in Shankarpally Mandal map and the said road is also notified by respondentNo.2 in master plan of Sahankarpally Mandal vide G.O.Ms.No.33 MA and UD (II) Department, dt.24/1/2013. It is submitted that the public road is being used by villagers and is also shown in map as well as HMDA master plan and also the said road leads to the petitioner's and other neighbouring land owners and is being used by the petitioner for ingress and egress. It is submitted that respondents 6 and 7 have erected a gate and also raised a compound wall without valid permission and thereby causing serious hardship not only to the public in general but also to the petitioner in particular. Since the representations of the petitioner to respondents 2 and 3 did not yield any success, this Writ Petition has been filed.

(3.) Learned counsel for the petitioner, Ms. S. Madhavi, is relying upon the information given by HMDA to the petitioner under the Right to Information Act with regard to the road in Survey Nos.303, 309 and 310 of Janwada Village, Shankarpally Mandal. The information was given to the petitioner vide letter dt.24/7/2019 and it refers to the Metropolitan Development Authority Plan (MDP)-2031 for Hyderabad Metropolitan Region notified vide G.O.Ms.No.33, MA and UD (II) Department, dt.24/1/2013. It is submitted that information with regard to the proposed roads is available in the notified Shankarpally Mandal map and further that for the existing road from Shankarpally main road to Vattinagulapally, the amount was sanctioned for laying of roads and as the subject matter pertains to Gram Panchayat, Janwada, the petitioner's application is forwarded to Gram Panchayat, Shankarpally Mandal for further information. On receipt of this information, the petitioner made representations to the respondents to take action on the illegal construction of the compound wall and erection of the gate on the public road by respondents 6 and 7. However, no action was taken.