WP/1601/2026 of Muddam Andalu Vs The State of Telangana on 5 October 2026

1. The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad.

2. The National Highway Authority of lndia, NH 65, Rep by its Chairman' Regional Office, Hyderabad.

3. The District Collector, Yadadri Bhongir District.

4. The Revenue Divisional officer, choutuppal Mandal, Yadadri Bhongir District.

5. The Tahsildhar, Choutuppal Mandal, Yadadri Bhongir District.

6. The State of Telangana, Rep. by its Principal Secretary, R and B Department,, Secretariat, Hyderabad.

7. The Superintendent Engineer, R and B Office, Yadadri Bhongir District. " Respondent nos.6 and 7 are impleaded as per C.O.dt.27.01.2026 in lA No.2/2026. ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Ii;ttur7 the Writ of Mandamus, declaring the action of respondent authorities, particularly the respondent. No. 2 to 5 in encroaching the petitioners house in H. No. 1-95 situated at Tupranpet Vitlage, choutuppal Mandal, Yadadri Bhongir District which is adjacent to the National Highway 64, without due process of law, without notice, without acquiring petitioners own house under the Land Acquisition Act, 2013 and without paying any compensation, as illegal arbitrary and against the principals of natural justice and in contrary to the existing laws. consequently, to direct the respondent authorities not to interfere with the petitioners house in H. No. 1-95 situated at Tupranpet vtllage, choutuppal Mandal, Yadadri Bhongir District which is adjacent to the National Highway 64, without due process of law, without notice, without acquiring petitioners own house under the Land Acquisition Act, 2013 and without paying any comPensation l.A. NO: 1 OF 2026 Petition under section 15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondent authorities not to interfere with the petitioners house in H. No. 1-95 situated at Tupranpet Village, choutuppal Mandal, Yadadri Bhongir District which is adjacent to the National Highway 64, without due process of law, without notice, withoutacquiringpetitionersownhouseundertheLandAcquisitionAct.20l3and without paying any compensation, pending disposat of the Writ Petition Counsel for the Petitioners: SRI CHALAKANI VENKAT YADAV Counsel for the Respondent Nos' 1' 3 to 5: AGP FOR REVENUE Counsel for the Respondent No' 2 : SRI M' RAMU' SC FOR NHAI Counsel for the Respondent Nos' 6 & 7 : AGP FOR ROADS & BUILDINGS The Court made the following: ORDER

- IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD HON'BLE MRS. JUSTICE SUREPALLI NANDA N

(CNR No. HBHCO1 0026882026) AT o o

F P Between : Muddam Andalu & another The State of Telangana & others o n a r AND RD R ch thi u Petitioners Respondents ki th Heard Sri Chalakani Venkat yadav, learned counsel appearing on behalf of the petitioners, learned Assistant Government pleader for Revenue, appearing on behalf of Respondent Nos.1, 3 to 5, Sri M. Ramu, tearned standing counsel appearing on behalf of Respondent No.2 and learned Assistant Government pleader for Roads and Buildings, appearing on behatf of Respondent Nos.6 and 7.

h DT ver as under:

a 5N,l wp_1601 2026 "...to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of 14andamus. declaring the action of Respondent authorities, particularly the respondent Nos.2 to 5 in encroaching the petitioners house in H.No.1-95 situated at Tupranpet Village, Choutuppal N4andal, Yadadri Bhongir District which is adjacent to the Nationat Highway 64, without due process of law, without notice, without acquiring petitioners own house under the Land Acquisition Act, 2013 and wlthout paying any compensation, as illegal arbitrary and against the principles of naturals justice and in contrary to the existing laws, Consequently, to direct the respondent authorities not to interfere with the petitioners house in H.No.1-95 situated at Tupranpet Village, Choutuppal Mandal, Yadadri Bhongir District whlch is adjacent to the National Highway 64, without due process of law, without notice, without acquiring petitioners own house under the Land Acquisition Act, 2013 and without paying any compensation and pass such other orQer..."

3. The case of the petitioners, in brief, is that the 2nd petitioner is the owner and possessor of the land in Assignment Sy.No.1-195, Assignment No.109, for several decades. Subsequently, the 2nd petitioner obtained house construction permission from the Gram Panchayat, Tupranpet, and constructed an Rcc-roofed house. The Gram Panchayat allotted H.No.1-95 to the said house, and the Electricity Department provided electricity connection vide USC No.113537348. Owing ) - J SN,] Wp-1601 2025 to hearth reasons, the 2nd petitioner obtained a House owner Certificate from the Gram panchayat, Tupranpel, on 29.06.2021 and executed a Sale Deed in favour of the 1st petitioner on the basis of the ownership and assessment value certificates. The Sub-Registrar, Choutuppal, registered the Sale Deed on 30.06.202I. Thereafter, the petitioners continued to enjoy the property peacefully. Recenily, the respondent authorities allegedly attempted to enter and encroach upon the property without notice, acquisition proceedings or payment of compensation. Aggrieved thereby, the petitioners fiied the present Writ petition.

PERUSED THE RECORD: (A) Wr tten instr ions vt e er .E No EI R&B NH YD/DB/ D N t/ H-6 H d-viwd ctionl2o25-26 I u n e B v c r o t , e s extracted hereunder: "2. The present work Tupranpet ,,,,"*, ,."0,(s being undertaken on NH-65 at 9 road widening, safety measures and I

- sN,l wo 1601 2026 allied works, are being executed strictly within the existing ROW of 200 feet only. No private patta land beyond the ROW is being encroached upon or acquired. Hence, no land acquisition proceedings are involved, and the provisions of the RFCTLARR Act, 2013 are not applicable to the present works.

The oetitioners'alleoation that the resDon ents are attem Dtinq ,to en roach uoo their house bearino H No.1- witho ro wt rn ls t ndi and denied. Any activity undertaken by the Department petains only to the existing National Highway ROW, which is legally permissible. The petitioners'structure is located within / abutting the notified ROW, and any obstruction removal or rrecautionary action is only to protect the statutory highway land. e r h l1 r t ls a u it nl r w D s A DC c U N la arin on be alf of the arned counse o q et tio alnlv utsfor the followinq submisstons: e

(i) The 2nd r h I petitioner is the owner of the land in assignment Sy No l-195' Assignment No'109 since decades'

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SN,J wp_150I,2026

(ii) The 2nd petitioner obtained house construction permission from the concerned Grampanchayat, Tupranpet and constructed RCC Roof House.

(iii) The Grampanchayat allotted house number and electricity department issued power connection vide USC No.113537348.

(iv) The petitioners had been in continuous possession of the subject premises without any interruption since the date of assignment.

(v) The Znd petitioner even obtained house owner certificate from the concerned Grampanchayat dated 29,06.202t and a sale deed had been also issued in favour of the 1sr petitioner on 30.06.2021 duly examining the documents in favour of the 1st petitioner herein.

(vi) In the recent past, the respondent authorities are trying to encroach into the petitioners, subject property, without issuing any notice, without following due proce5s of law.

(vii) The petitioners cannot be deprived of their own property without following due process of law. e h d a of t n d sN,l Wp 1601-2026 that the petitioners are entitled for qrant of the relief as praved for, in the present writ Detation.

6. Learned Assistant Government Pleader for Roads and Buildinqs placinq reliance on written instructions vide Letter No.EElR&B/NH/HYD/DBIDLINH-65lHyd-Viwd Section12025-26 daled -AL2g26 of the Executive Enqineer (R&B), NH:Division, Hvderabad, dated 19.01.2026, (referred to and extracted above) mainlv outs forth the foltowino submissions:

(i) No private patta land beyond the ROW within the existing ROW of 200 feet is being encroached upon or acquired.

(ii) The present works being undertaken on National Highway-65 at Tupranpet Village, including road widening, safety measures and allied works, are being executed strictly within the existing ROW of 200 feet only.

(iii) No land acquisition proceedings are involved in the present case.

(iv) The allegation of the petitioners against the respondents is that the respondents are attempting to encroach upon petitioners' property i'e', House No'1-95 is misleading and without any basis and in the unlikely event any priv,ate land is being required outside the t--

5N,.) wp 1601_2026 notified ROW, the respondents shall strictly follow due process of law for acquisition in accordance with the provisions of the Nationat Highways Act and applicable ru les.

(v) Under similar circumstances, this Court passed Orders in W.P.No.10846 of 2024 directing non interference with private land, and expressly clarified that the respondents are free to form the six-lane road within the existing ROW. sed on the a resa ls ns Assistant Government Pleader contends that aDproDriate rde ma be assed in the resent writ etiti n

7. Takin into consideratio n:

a) The aforesaid facts and circumstances of the case,

b) The submissions made by the learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the Respondents, c) The No.EElR&B/ Section,/2025-26 Written instructions vide Letter NH/ HYD/DB / Dt 1 Ns1_5r rHyd-vjwd dated -01.2026 of the Executive !

.- I 5N,l v!p_1601 2026 dated Engineer (R&B), NH-Division, Hyderabad,

19. O1.2026 (referred to and extracted above),

d) The discussion and conclusion as arrived at paragraph Nos.5 to 7 of the present order, The writ petition is disposed of directing the respondents not to interfere with the petitioners subject property bearing H. No.1-95 situated at Tupranpet Vallage, Choutuppal Mandal, Yadadri Bhongir District, which is adiacent to the National Highway-64, without following due process of law, as admitted in their written instructions dated 19.01 ,2026, referred to and extracted above. However, respondents are at liberty to form the six-lane road within the existing ROW' There shall be no order as to costS' Miscellaneouspetitions'ifany'pendinginthisWrit Petition, shall stand closed ' .SOI.T.V.O. NARSI BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,

The Principal Secretary, Revenue Department' Secretariat' State of Telangana. HYderabad' The Chairman' Natlonal Highway Authority of lndia, NH 65, Regional office' Hyderabad.

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3. The District Collector, Yadadri Bhongir District.

4. The Revenue Divisional Officer, Choutuppal Mandal, Yadadri Bhongir District.

5. The Tahsildhar, Choutuppal Mandal, Yadadri Bhongir District.

6. The Principal Secretary, R and B Department, Secretariat, State of Telangana, Hyderabad.

7. The Superintendent Engineer, R and B Office, Yadadri Bhongir District. S One CC to SRI CHALAKANI VENKAT YADAV, Advocate [OPUC]

9. One CC to SRI M. RAMU, SC FOR NHA|, Advocate [OpUC]

10. Two CCs to GP FOR REVENUE, High Court for the State of Telangana, at Hyderabad [OUTJ

11. Two CCs to GP FOR ROADS & BU|LD|NGS, High Cou( for The State of Telangana, at Hyderabad IOUT]

12. Two CD Copies 6 PVL TKS

HIGH COURT DATED: 0511012026

ORDER

WP.No.1601 of 2026 CC.TODAY i og ccT2o26 .) i ,P^ c- Sl'/\fE 1r' 6e t ( ,7 ',/_/ i/ DISPOSING OF THE WRIT PETITION WTHOUT COSTS o'1 rt L