Telangana High Court
WP/38572/2013 of Mrs. R. Usha Rani Vs The State of Andhra Pradesh, on 30 December 2013
C.V.NAGARJUNA REDDY WRIT PETITION No.38572 of 2013 Date:30.12.2013 Between: R.Usha Rani, W/o Hari Krishnama Naidu and six others. ..... Petitioners And: The Govt of AP, reptd by its Principal Secretary, Revenue Department, Hyderabad and three others. .....Respondents Counsel for the
HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY
WRIT PETITION No.38572 of 2013
Date:30.12.2013
Between:
R.Usha Rani, W/o Hari Krishnama Naiduand six others.
..... Petitioners
And:
The Govt of AP, reptd by its Principal Secretary, RevenueDepartment, Hyderabad and three others.
.....Respondents
Counsel for the Petitioners: Smt Sundari R.PisupatiCounsel for the Respondents: AGP for Revenue The Court made the following:
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ORDER:
The petitioners, who are residents of PuthalapattuVillage and Mandal, Chittoor District, filed this WritPetition feeling aggrieved by the inaction of respondentNos.2 to 4 in preventing a person by name YuvarajuluNaidu and others from obstructing the plan-marked carttrack in Survey No.417 of Oddepalle Village, PuthalpattuMandal, Chittoor District.
The petitioners averred that Survey No.417comprises Acs.7.09 cents classified as ‘Governmentland’; that the said land was sub-divided into SurveyNos.417/1 and 417/2 consisting of Acs.4.25 cents andAcs.2.84 cents respectively; and that the land in SurveyNo.417/2 was allotted to landless poor persons and anextent of Acs.2.00 in Survey No.417/1 covered with rocks and boulders called ‘Iralolla Banda’ is being used by thevillagers of about 10 villages for drying and storing theiragricultural produce. The petitioners further averred thatan extent of Ac.1.64 cents in Survey No.417/1 wasassigned in favour of the villagers leaving Ac.0.61 centswithout being assigned. They have further averred thatthey own lands in Survey Nos.407, 408 and 409 situatedadjacent to the land in Survey No.417; that an ancientplan-marked cart track starting from Ramapuram Road inSurvey Nos.509 and 510 of Oddepalle Village has been inexistence from time immemorial; and that the said carttrack is being used by the petitioners and other villagersof Oddepalle for transporting the agricultural producefrom the lands to their houses.
The grievance of the petitioners is that oneYuvarajulu Naidu and others, who are residents ofPuthalapattu Village and Mandal, have unlawfully raised acompound wall over the land in Survey No.417/1, therebyobstructing the passage. The petitioners have maderepeated representations to all the District revenuefunctionaries including respondent No.2. As no action hasbeen taken on the said representations, the petitionersfiled this Writ Petition.
In support of their plea that there is a plan-markedcart track in existence, the petitioners have filed a copy ofthe Village map which, prima facie, shows existence ofsuch cart track. However, as the representations made torespondent No.2 are not considered so far, this Courtrefrains from expressing any opinion on this aspect. If acart track exists in the Village map, it is the bounden dutyof the revenue functionaries to protect such cart track forthe benefit of its users. I do not find any justifiable reasonfor respondent No.2, who is the revenue head of theDistrict, not to take a serious note of the grievance of thepetitioners.
In this view of the matter, respondent No.2 isdirected to address the grievance of the petitioners anddo the needful if there exists a plan-marked cart track andany person has been obstructing the villagers from usingsuch cart track. If a compound wall, as alleged by thepetitioners, has already been raised, respondent No.2shall identify the persons who raised such wall and takeappropriate action after issuing notices to those persons.Respondent No.2 shall complete this process within aperiod of two months from the date of receipt of a copy ofthis order.
Subject to the above directions, the Writ Petition isdisposed of.
As a sequel to disposal of the Writ Petition,W.P.M.P.No.47944 of 2013 filed by the petitioners forinterim relief is disposed of as infructuous.
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JUSTICE C.V.NAGARJUNAREDDY
30[th]December, 2013DR