Damera Jagadamba And Another vs The State of Telangana And 5 Others

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) IVIONDAY, THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY TWO .

PRESENT THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITIO N NO: 26546 OF 2022 Between: 't.

Damera Jagadamba, W/o Ramulu Aged-about 5Q Vqqrg, Occ.

Agriculture R/o H.

No.

6/27l-5-05, Harijanapuram Village Chintapally, Nalgonda District 2.

Kurmeti Krishnamma, Wo Erra Sailu, Aged about 48 years, Occ.

Agriculture, Fl/o Kurmaidu, Chintapally Mandal, Nalgonda District ...PETITIONER(S) AND 1 The State of Telangana, Represented by its Principal Secretary, Panchayat Raj and Rural Development Department, BRKR Bhavan, Hyderabad 2.

The District Panchayat Officer, Nalgonda District at Nalgonda 3.

The Tahsildar, Chintapally lvlandal, Nalgonda District 4.

The PanchayatSecretary, Harijanapuram Grampanchayat' Chintapalli lvlandal, Nalgonda District 5.

Yedulla.

Venkata Ratnam, S/o Late Ramulu, Aged 33 years, Occ Agriculture, Rl/o Harijanapuram Village, Chintapalli Mandal, Nalgonda District.

6.

Chennapaka Ramakrishna, S/o.

Bikshamaiah, Aged about 30 yq?r.sr Oqcr Agriculture (ward member) R/o Harijanapuram Village, Chintapalli Mandal, Nalgonda District ...RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 4th Respondent in trying to lay road in the petitioners paita land in Sy.No.33/3 an extent ol Ac.2- 08gts., and Sy.No.33/2 an extent of Ac.1-059ts., of Gadiya Gowraram Village (newly formed Harijanapuram Village) of Chintapalli Mandal, Nalgonda District illegally inspite of existing road since 79 years onwards is illegal, arbitrary and against the I I I principles of natural justice which is not sustainable in eye of law and without following due process of law. ss of law. ld NO: 'f OF 2022 Petition under Section '151 CPC praying that in the cir'cumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.4 not to lay the road in the petitioners' patta land in Sy.No.33/3 an eitent of Ac.2-O8gts., and Sy.No.33/2 an extent of Ac.1-059ts., of Gadiya Gowraram Village (newly formed Harijanapuram Village) of Chintapalli Mandal, Nalgonda District without following due process of law, pending disposal of the writ petition.

Counsel for the Petitioner(s): SRI PRAVEEN KUMAR VEERJALA Counsel forlhe Respondent Nos.

1 & 2: GP FOR PANCHAYAT RAJ RURAL DEV Counsel forthe Respondent No.

3: GP FOR REVENUE Counsel forthe Respondent No.4: SRI M.

RAMGOPAL RAO, SC FOR GRAM PANCHAYAT Counsel for the Respondent No.

5 & 6: -- The Court made the following: ORDER i THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION NO.26546 OF 2022 Il ORDER: Heard the learned counsel for the petitioners and learned Government Pleader for Panchayat Raj and Mr.

M.

Ramgopal Rao, learned Standing Counsel, for the respondents.

2.

This Writ Petition is fi1ed question the action of the fourth respondent in trying to lay road through the patta land of the petitioners in an extent of Acs.2'08 gts in Survey No.33/3 and Ac.

1.05 gts in Survey No.33/2 situated at Gadiya Gowraram Village (newly formed Harijanapuram Village) for Chintapalli Mandal, Nalgonda District, as illegal and arbitrary.

3.

The basis for the apprehension of the petitioners is the request letter dated 19.O5.2O22 submitted by the Sarpanch of the fourth respondent-Gram Panchayat for laying the road through their lands and for redressal o[ their grievance within the limits of the Gram Panchayat, followed by letter vide Lr.No.B/39212022 dated 02.06.2022 of the third respondent proposing to conduct survey of the land situated in Survey Nos.30, 32 and 33 of the said village.

In view of the above said request letter dated 19 .O5. ed 19 .O5.2O22 and the letter of the third respondent-Tahsildar dated 02.06.2O22, tt.e petitioners felt that I MSK,J W.P.NO.26546 0F 2022 the respondents are going to lay the road through the patta land of the petitioners and approached this Court.

4.

Today, when the matter is taken up for hearing, Mr.

Ramgopal Rao, learned Standing Counsel, on instructions, submitted that there is no such proposal to lay road through the patta land of the petitioners and the apprehension of the petitioners is displaced.

He further submitted that in the event of the respondents intending to lay the road through the patta lands of the petitioners, the respondents would strictly lollow the due process of law.

5.

In the light of the said.submission made by the learned Standing Counsel, this Court does not find any reason to keep this Writ Petition pending and the same is disposed of by placing the submission made by the learned Standing Counsel on record that in the event of any proposal by the respondents to lay road through the patta land of the petitioners, they shall strictly foilow the due process of law.

There shall be no order as to costs.

Miscellaneous applications, if any, pending shall stand closed.

2 //TRUE COPY// SD/.I.NAGALAKSHMI DEPUry REGISTRAR E: -' SECTION OFFICER I To, 1.

The Principal Secretary, Panchayat Raj and Rural Development Department, State of Tdlangana BRKR Bhavan, Hyderabad 2.

The Tahsildar, Chintapally Mandal, Nalgonda District 4.

The Panchay6t Secreiary Harijanapuram Grampanchayat, Chintapalli Mandal, Nalgonda District ; ff: EEfijEl'ffi=frHf#ffiffi".5gx3ffi"htFlil]ni rlr "' , :fi""ti::ttT33'XJ$"J,tttl -',3iI'",'.. ror the state or reransana at Hvderabad . [OUT] g.

Ttivo CD CoPies.

10.

One SPare CoPY.

I NPJ \ Y 1 I l I HIGH COURT DATED:2710612022 ORDER WP.No.26546 of 2022 DISPOSING OF THE WRIT PETITION 1 t I JUL zOU o .L 53 01 'r A. p.T ?

WITHOUT COSTS. ,t/' I I l