THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION NO.14988 OF 2024

O R D E R

In this writ petition, the petitioner is seeking a direction to the respondents to consider his representations/complaints dt.08.01.2024, 19.04.2024 and 20.04.2024 and to remove the encroachments made by the 5^th respondent on the common public road/ Bandi Daari (cart track) leading from Esojipet Village to Minpur Village via Koduru Village passing through Survey Nos.213, 214, 254, 260, 262, 259, 299, 300, 301, 306, 312, 313, 316 and 317 of Koduru Village, Pulkal Mandal, Sangareddy District and to restore the common public road in accordance with law 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 owner and peaceful possessor of the land to an extent of Ac.2.24 guntas in Survey No.214 situated at Koduru Village, Pulkal Mandal, Sangareddy District, having inherited the same and the name of the petitioner is also recorded in the revenue records and he has been issued TD-cum-e.passbook. It is submitted that the subject property is situated by the side of the common public road/ Bandi Daari (cart track) leading from Esojipet Village to Minpur Village via Koduru Village and the said public road is classified as Bandi Daari (cart track) in the revenue records/ village maps/ Naksha, etc., and the width of the Bandi Daari (cart track) is about 8 metres and the same is being used by the petitioner and his neighbouring land owners from decades to have access to their lands. It is submitted that the said track is the only way to reach the petitioner’s land. It is submitted that the 5^th respondent, who is his neighbouring land owner, encroached the said Bandi Daari (cart track) and thus blocked the right of way and ingress and egress of the petitioner to the subject property. Therefore, the petitioner has submitted representations dt.08.01.2024, 19.04.2024 and 20.04.2024 for removal of the encroachments, but no action has been taken by the official respondents and therefore, the present Writ Petition has been filed.

3. Respondents 3, 4 and 5 have filed their respective counters along with relevant documents.

4. Learned counsel for the petitioner submitted that under Section 58(1) of the Telangana Panchayat Raj Act, 2018, all public roads in any village, other than National Highways, State Highways and roads vesting in Zilla Praja Parishad or Mandal Praja Parishad, shall vest in the Gram Panchayat together with all pavements, stones and other materials thereof, all works, materials and other things provided therefor, all sewers, drains, drainage works, tunnels and culverts, whether made at the cost of the Gram Panchayat fund or otherwise, in alongside or under such roads, and all works, materials and things appertaining thereto and the proviso thereunder provides that the Gram Panchayat shall take steps to remove encroachments on, and prevent un- authorized use of, any road, other than a National Highway passing through the Gram Panchayat. The learned counsel for the petitioner submitted that since there is a cart track leading from Esojipet Village to Minpur Village via Koduru Village passing through various survey numbers of the Village and adjacent to the lands of the petitioner as well as the 5^th respondent and various other lands of the village, the Gram Panchayat, i.e., the 4^th respondent ought to have taken cognizance of the complaints of the petitioner and ought to have taken action thereon.

5. He further submitted that Section 92 of the Telangana Panchayat Raj Act provides for removal of encroachments by the Gram Panchayat.

As regards the contention of the 4^th respondent that the alleged cart track is not a public road, the learned counsel for the petitioner has placed reliance upon the definition of ‘public road’ under Section 2(34) of the Telangana Panchayat Raj Act to mean “any street, road, square, Court, alley, passage and includes the road