THE HON’BLE SRI JUSTICE C.V.BHASKAR REDDY

ORDER:

This writ petition is filed seeking following relief:

“For the reasons stated in the accompanying affidavit, it is therefore prayed that this Hon’ble Court may be pleased to issue an appropriate Writ. Order, or Direction, more particularly one in the nature of a Writ of Mandamus, declaring the action of the official respondents in failing to take any action against Respondents No. 5 and 6 for obstructing the public passage, pursuant to the representation of the petitioners dated 02.04.2025, as illegal, arbitrary, and in violation of fundamental rights guaranteed under Article 19(1)(d) and Article 19(1)(e) of the Constitution of India and Sections 24 and 157 of the Telangana Land Revenue Act, 1317 F and pass such further or other order or orders as this Honorable court may deem fit and proper in the circumstance of the case and in the interest of justice.”

2. It is stated that the petitioners are the owners and possessors of agricultural lands in Survey Nos.34, 41, 42, 44 and 46, situated at Rakamcherla Village, Puduru Mandal, Vikarabad District. It is further stated that there exists a passage connecting the agricultural lands of Rakamcherla Village and Keravelli Village, which has been in existence for several decades and the said passage serves as the only access route for the petitioners and other farmers to reach their respective agricultural lands. It is further stated that on 26.03.2025, respondent Nos.5 and 6 along with their men and two excavating machines (JCBs) have dug up the said public passage to an extent of approximately 30 feet in width and 3 feet in depth and completely blocked the public way without any lawful authority, right or title. The grievance of the petitioners is that they submitted a representation dated 02.04.2025 to respondent Nos.2 and 3 requesting them to take necessary action to restore the public way, but till date no action has been taken by the respondents on the said representation. Hence, the present writ petition.

3. Considered the submissions made by the learned counsel for the parties and with their consent, this writ petition is disposed of at the admission stage.

4. Learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 4 contended that in order to prove that there is an existing passage/public way connecting the agricultural lands of the petitioners, they have not filed any document in support of their claim. Learned Assistant Government Pleader further contended that as per Section 24 of the Telangana Land Revenue Act, 1317 Fasli, all public roads, lanes, paths, bridges, ditches, dikes, rivers, streams, tanks, ponds, canals, lakes and flowing water and all lands are vested with the State free from all encumbrances, if the person disputing the vesting of the property with the State, he is entitled to approach the competent civil Court for seeking declaration that he is owner of the property.

5. In view of the above submission, since the petitioners have not enclosed any document in support of their claim that there is an existing passage/public way connecting their agricultural lands, which is vested in the State and the same was encroached by respondent Nos.5 and 6 causing inconvenience to reach their fields, the writ petition is not an appropriate remedy to consider the submission that there is an existing passage connecting the agricultural lands of the petitioners and respondents Nos.5 and 6 have encroached the said passage and causing obstructions to have ingress and egress to the petitioners’ lands.

6. Accordingly, the Writ Petition is disposed of leaving it open to the petitioners to agitate their grievance before the competent civil Court by instituting a comprehensive civil suit.

Miscellaneous applications pending, if any, shall stand closed. There shall be no order as to costs. ____________________________

C.V.BHASKAR REDDY, J Date: 29.04.2025 KL