Government authorities cannot interfere with a citizen's peaceful possession of property or demolish structures without following the due process of law; any land required for public projects like road widening must be formally acquired.

ORDER:

Heard Sri M.Venkateswarlu, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Roads & Buildings appearing on behalf of the respondent Nos.1 to 5, learned Assistant Government Pleader for Municipal Administration & Urban Development appearing on behalf of the respondent No.6 and learned Assistant Government Pleader for Irrigation & CAD Department appearing on behalf of the respondent Nos.8 & 9.

2. The petitioner approached the Court seeking prayer as under:

“….to issue an appropriate Writ, Order or Direction more particularly one in the nature of a Writ of Mandamus, declaring the inaction negligence and arbitrary conduct of the respondent authorities particularly the Roads & Buildings Department in failing to properly address regulate and rectify the obstruction and mismanagement of the municipal wastewater drainage canal situated at Market Road Kesamudram (Station), Mahabubabad District, as illegal, arbitrary, contrary to the provisions of the Telangana Municipalities Act, 2019, and violative of the fundamental rights guaranteed under Article 21 of the Constitution of India and consequently direct the said respondents, more particularly the Roads and Buildings Department to call for, collect, and examine the entire records, layouts, technical sanctions, permissions and engineering reports relating to the drainage canal, encroachments, and road cross drainage canal works (Mori works) from the concerned Municipal Authorities and the Irrigation Department, and upon such examination take appropriate, reasoned, and lawful action in accordance with statutory provisions and established engineering standards; and further direct the Roads & Buildings Department to review, redesign, rectify, and, properly execute the road-cross drainage canal works (Mori works) strictly in accordance with the natural gradient and flow of water, scientific drainage principles, and technical feasibility so as to ensure free and unobstructed flow of wastewater without stagnation or diversion and to restore the drainage system to its original functional condition; and further direct the respondents to identify all encroachments over the drainage canal, remove such encroachments in accordance with law demolish unauthorized constructions and cancel any illegally issued House Numbers and TPINs obtained by misrepresentation after due verification of records; and further direct the respondent authorities particularly the Irrigation Department, to conduct proper survey and demarcation of the drainage canal boundaries, identify the extent of encroachments and coordinate with the Roads & Buildings Department and Municipal Authorities to ensure integrated lawful and permanent restoration of the drainage system.…”

3. The case of the petitioner in brief as per the averments made in the affidavit filed by the petitioner in support of the present writ petition is as under:

The petitioner is a resident of Kesamudram, Mahabubabad District, and is in lawful possession of residential property. The petitioner has been regularly paying property taxes to the Municipal Administration. Subsequent to petitioner’s occupation, certain private individuals, namely Angoth Kousalya and Guguloth Bhavani, had illegally encroached upon a municipal wastewater drainage canal and raised unauthorized constructions, which were allegedly regularized by grant of house numbers and TPINs through misrepresentation and suppression of material facts. Despite repeated representations, t