BOYA MAREPPA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) 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.23/9/2024, 18/10/2024, 21/10/2024, 27/1/2025 and 4/3/2025, 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.12/8/2008. 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 9/10/2024, 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.23/9/2024, 18/10/2024, 21/10/2024, 27/1/2025 and 4/3/2025 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 18/1/2025 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.