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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
T. MADHAVI DEVI
Boya Mareppa – 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 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.23.09.2024, 18.10.2024, 21.10.2024, 27.01.2025 and 04.03.2025, 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.12.08.2008. The pattadar pass book number of the petitioner is T02040110814 bearing Khata No.1450. It is stated that the schedule of the property shows
Officials are mandated to remove encroachments from public roads as per statutory requirements, ensuring protection and identification of public cart tracks.
Public roads, including cart tracks, are protected under local law, requiring authorities to act against encroachments to ensure access and maintain use.
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.
Mandamus directs survey and removal of encroachments on public pathways after due process.
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