HON’BLE SRI JUSTICE C. V. BHASKAR REDDY WRIT PETITION No.12808 of 2025

ORDER:

This writ petition is filed seeking to declare the action of respondent Nos.3 and 4 in not taking any further steps to comply with the orders dated 14.07.2023 and 07.02.2024 in case No.B/236/2023, passed by respondent No.3 for restoration of the 14 feet pathway/road to its original condition by closing well or by constructing steaning/protection wall in Sy.No.367 at Chakunta Village, Choppadandi Mandal, Karimnagar District, as illegal, arbitrary and for other appropriate reliefs.

2. Considered the submissions of the learned counsel for the respective parties and with their consent this writ petition is disposed of at the admission stage.

3. It is stated that the petitioner is absolute owner of House No.2-25 in Sy.No.367, Chakunta Village, Choppadandi Mandal, Karimnagar District. It is also stated that there is a public pathway/village road about 14 feet width existing in Sy.No.367 which leads to the petitioner house and agricultural lands of neighbours since more than a century and a well was dug up beside the public way and no revetment or RCC rings or wall was constructed around the well to protect the untoward incident. It is further stated that due to run-off water and erosion, the well widened and the pathway has been reduced from 14 feet to 4 feet, thereby, causing endanger to the human, cattle, bullock carts and vehicles passing through said pathway. It is stated that petitioner and other villagers made a representation to respondent No.3 requesting to initiate necessary action against the owners of the said well and take safety measures to restore the original 14 feet publicway/pathway to prevent any damage to the public, cattle etc. Acting upon the said complaint, respondent No.3 vide order dated 14.07.2023 in Case No.B/236/2023 directed respondent Nos.5 to 10 herein to restore the pathway as it was existing previously by duly providing steaning/fencing/ protection wall or to close the said well permanently on or before 25.07.2023. It was further ordered that failing to comply with the orders for restoration of the way to the normal width of 14 Feet by making RCC steaning/CRS steaning, the well will be closed by the Government expenditure and the same shall be recovered from the respondents as arrears of the Land Revenue as per the provisions of the Telangana Revenue Recovery Act, 1864. It is further stated that despite receipt of the said order passed by respondent No.3, respondent Nos.5 to 10 failed to comply with the same and thereby, there is a possibility of loss of live of human and cattle within the vicinity of village. As such, the petitioner has made a representation to respondent No.3 for implementation of the order dated 14.07.2023 and acting on the same, respondent No.3 has passed the order dated 07.02.2024 in Case No.B/236/2023 directing respondent No.4 to initiate criminal proceedings against respondent Nos.5 to 10 by registering a criminal case and submit action taken report along with FIR. The grievance of the petitioner is that despite the said order dated 07.02.2024, respondent No.4 has not taken any action against respondent Nos.5 to 10. Hence, the present writ petition.

4. Learned Assistant Government Pleader for Home appearing for respondent No.4 has submitted that pursuant to the order dated 07.02.2024 passed by respondent No.3, respondent No.4 has registered cases against respondent Nos.5 to 10 for not complying with the orders passed by respondent No.3 for restoration of the way to the normal width of 14 Feet by making RCC steaning/CRS steaning.

5. A perusal of the order dated 14.07.2023 passed by respondent No.3 in Case No.B/236/2023 would reveal that respondent No.3 has directed respondent Nos.5 to 10 to restore the way to its original position duly providing steaning/ fencing/protection wall or to close the said well permanently on or before 25.07.2023. It was further directed that failing to comply with the orders f