IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.36687 of 2025 DATED : 02.12.2025 Between :

Devani Babu and 2 others.

… Petitioners.

And The State of Telangana, Represented by its Principal Secretary, Revenue Department, Telangana Secretariat, Hyderabad and 3 others.

… Respondents.

ORDER :

The present writ petition is filed by the petitioners under Article

226 of the Constitution of India for the following relief :

“...to pass an order, direction or writ particularly in the nature of writ of mandamus declaring the inaction of the respondent on the representation of the petitioner dated 14.10.2025 as arbitrary, illegal, unconstitutional and contrary to law and consequently this Hon'ble Court may be pleased to direct the respondent No.3 to take action on the representation of the Petitioner dated 14.10.2025 in accordance with law.....”

2. Heard Sri S.Ganesh, learned counsel representing Sri Mohammed Adam, learned counsel for the petitioners, Mrs.Snehitha Reddy, learned Assistant Government Pleader appearing on behalf of learned Government Pleader for Assignment Sri DV Chalapathi Rao and Sri Putta Krishna Reddy, learned standing counsel for the respondent No.4.

3. The learned counsel for the petitioners submits that certain individuals, with ulterior motives to encroach upon Government land, have unauthorizedly occupied portions of land in survey No.111, Ranjole Village. These individuals are altering the character of the land through levelling, fencing and other constructions. Such activities violate the Telangana Land Encroachment Act, 1905, causing loss to both the Government and the public. The encroachments have increased significantly, with large parcels of land being annexed to private holdings for personal use. The illegal constructions obstruct the natural flow of rainwater, resulting in flooding of both the encroached structures and nearby localities. Failure to act before the rainy season may lead to flooding and potential collapse of weak structures, endangering life and property. The petitioners and other concerned parties reported these encroachments to respondent No.3, the Tahsildar of Zaheerabad Mandal, on 14-10-2025, urging immediate action to protect the Government land. To date, no remedial measures have been undertaken. Under these circumstances, the petitioners, having no other efficacious or alternative remedy, are compelled to approach this Court under Article 226 of the Constitution of India.

4. On the other hand, the learned Assistant Government Pleader for Assignment and the learned Standing Counsel for respondent No.4 submit that the petitioners lack locus standi to seek relief under Article 226 of the Constitution, as the matter pertains to enforcement of law concerning public land and any grievance of public interest should properly be pursued through a Public Interest Litigation. The petitioners themselves submitted a representation to respondent No.3, the Tahsildar of Zaheerabad Mandal, on 14.10.2025, which was duly acknowledged. It is the duty of the Government or the official respondents to protect Government land and if any action is to be taken, the same would be initiated under the Telangana Land Encroachment Act, 1905, upon proper verification. Furthermore, the Revenue Divisional Officer, being the higher authority responsible for oversight, has not been impleaded as a party and established executive procedures are already in place to address encroachments. Therefore, the petition is premature, unnecessary, and not maintainable.

5. Having heard the learned counsel for the petitioners, respondent No.4 and the learned Assistant Government Pleader and upon perusal of the material placed on record, this Court is not inclined to render any findings on the merits of the respective claims at this stage, as a Pandora’s box has been opened based on the information furnished by the petitioners. The learned Assistant Government Pleader submits that