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IN THE HIGH COURT OF TELANGANA
T.Madhavi Devi
Vinayak Industries – Appellant
Versus
State of Telangana – Respondent
ORDER :
T. Madhavi Devi, J.
In this writ petition, the petitioner is seeking a writ of mandamus declaring the action of the respondent No.2 in not considering the representation of the petitioner dated 24.09.2024 and in not removing the illegal encroachment and digging made by the respondent No.5 on the 40 feet existing gram panchayat road, thereby blocking the ingress and egress of the petitioner industry in Survey No.15, Thoompalli Village, Kondurg Mandal, Ranga Reddy District, as illegal, arbitrary and unconstitutional and consequently to direct the official respondents to remove the illegal encroachments made by the respondent No.5 and to pass such other order or orders in the interest of justice.
2. Brief facts leading to the filing of the present writ petition are that the petitioner industry is engaged in the business of manufacturing of packaging products and had purchased the land Ac.2.39 guntas in Survey No.15 along with 8,600 sft., of tin shed and 2,000 sft., of RCC constructed area, situated at Thoompally Village and Gram Panchayat, Kondurg Mandal, Ranga Reddy District, from the earlier industry i.e., GN Packaging under a registered sale deed bearing document No.17401 of
Disputes regarding factual existence of roads and encroachments are not suitable for resolution under Article 226 of the Constitution and should be addressed in civil court.
Officials are mandated to remove encroachments from public roads as per statutory requirements, ensuring protection and identification of public cart tracks.
Mandamus issued directing survey and removal of encroachment on public pathway by due process within two months.
Court directs survey of alleged encroachment on public pathway and removal if confirmed, after due process within three months.
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