Telangana High Court

WP/25498/2026 of Bontha Narsimulu Vs The State of Telangana on 4 August 2026

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION NO: 25498 OF 2026 Between: Bontha Narsimulu, S/o Late B. Kankappa, Aged

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

(Special Original Jurisdiction)

TUESDAY, THE FOURTH DAY OF AUGUST

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO

WRIT PETITION NO: 25498 OF 2026

Between:

Bontha Narsimulu, S/o Late B. Kankappa, Aged about 36 years, Occ: Agriculture, R/o H. No. 3-5411, Moninapur Village of Maddur Mandal, Narayanpet District.

...Petitioner

AND

1. The State of Telangana, Rep. by its Principal Secretary, Panchayat Raj & Rural Development Department, Secretariat, Hyderabad.

2. The District Collector, Narayanpet, Narayanpet District.

3. The District Panchayat Officer, Narayanpet District

4. The Executive Engineer, Panchayat Raj Division, Narayanpet District.

5. The Mandal Parishad Development Officer, Maddur It/andal, Narayanpet District.

6. The Gram Panchayat, Mominapur, Rep. by its Panchayat Secretary, Ir/addur NIandal, Narayanpet District.

...Respondents

Petition under Anicle 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 Writ of Mandamus, declaring the action of the respondent authorities, ln attempting to widen the existing village road by taking over and interfering with the petitioner's private property in Assessment. No. 368 and H. No. 4-54, situated at Mominapur Village, [/addur Mandal, Narayanpet District, without initiating any acquisition proceedings, without issuing any notice, without following the procedure established by law and without payment of compensation, thereby depriving the petitioner of his property as illegal, arbitrary, against the principles of natural justice, in contrary to the setfled law and in violation of Articles 14 and 300A of the constitution of lndia. consequenfly, to direct the respondents not to interfere with the petitioner's peaceful possession and enjoyment of the petition schedule property in Assessment. No. 36g and H. No. 4_54, situated at [\,4ominapur Village, tr/addur lvlandal, Narayanpet Districtwithout initiating any acquisition proceedings, without issuing any notice, without following the procedure established by law.

l.A. NO: 1OF 2026

Petition under section 151 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 respondents not to interfere with the petitioner's peaceful possession and enjoyment of the petition schedule propedy in Assessment. No.36g and H. No. 4-54, situated at Mominapur Village, Ir,4addur Ir,4andal, Narayanpet Districtwithout initiating any acquisition proceedings, without issuing any notice, without following the procedure established by law, pending disposal of writ petition.

Counsel for the Petitioner: Sri. CHALAKANI VENKAT YADAV

Counselfor the Respondent Nos.1 to 4: Ms. SHAZIA PARVEEN, GP for Panchayat Raj & Rural Dev The Court made the following: ORDER

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR

RAO

DATE: 04.08.2026

WRIT PETITION

o.25498 OF 2026

Between:

Bontha Narsimulu

...Petitioner

AND

The State of Telangana,

Rep. by its Principal Secretary,

Panchayat Raj and Rural Development Department, Secretariat, Hyderabad and others.

...Respondents

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ORDER

This Writ Petition has been filed seeking the following relief: .... to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent authorities in attempting to widen the existing village road by taking over and inteffering with the petitioner's private property in Assessment No.368 and H.No.4-54, situated at Mominapur Village, Maddur Mandal, Narayanpet

District, without initiating any acquisition proceedings, without issuing any notice, without fottowing the procedure established by law and without payment of compensation, thereby depriving the petitioner of his property as illegal, arbitrary, against the principles of natural justice, in contrary to the settled law and in violation of Artictes 14 and 300A of the Constitution of India. Consequently, to direct the respondents not to interfere with the petitioner's peaceful possession and enjoyment of the petition schedule property in Assessment No.368 and H.No.4-54, situated at Mominapur Village, Maddur Mandal, Narayanpet District, without initiating any acquisition proceedings, without issuing any notice, without following the procedure established by law and pass...

2. Heard Sri Chalakani Venkat Yadav, learned counsel for the petitioner and Ms. Shazia Parveen, learned Government Pleader for Panchayat Raj and Rural Development, appearing for respondent Nos.l to 4.

3. Brief facts of the case:

(i) rhe petitioner,s father, Late sri B, Kankappat yyas the absolute owner and possessor of the property bearing Assessme.nt No.36B and petition schedule Flouse No.4_54, situated at Mominapur Village, Maddur Mandal, Narayanpet District. During his lifetime, he obtained building permission from the Gram Panchayat vide Proceedings No.6/Bp/2023, dated 25.07.2023, and constructed a residential building in accordance with the sanctioned plan. The building was thereafter assessed to property tax. After the demise of Late Sri B. Kankappa on 02.04.2024, the petitioner succeeded to the property as his legal heir and has been in peaceful possession and enjoyment thereof.

(ii) While so, the respondent authorities attempted to widen the existing village road by taking over a portion of the petitioner's property without issuing any notice, initiating acquisition proceedings or paying compensation. The petitioner submitted representations through prajavani requesting the authorities not to interfere with his property except by following due process of law. Thereafter, the Executive Engineer, Roads & Buildings Department, Narayanpet Division, vr?e Letter No. EEIR&B/N RPT/PRAIAVANI/ 2026-27 / t97 dated 11.06.2026 informed the District Collector, Narayanpet that the road in question does not pertain to the Roads and Buildings Department and falls within the jurisdiction of the

Panchayat Raj Department. Aggrieved by the alleged action of the respondent authorities in interfering with the petitioner's property without following due process of law, the petitioner filed the present Writ Petition.

4. Learned counsel for the petitioner submits that while undertaking the road widening work, the respondent authorities are taking a larger extent of land from the petitioner's side instead of maintaining equal width from both sides of the centre line of the road. Learned counsel further submits that the petitioner submitted representations dated 08.06.2026 and 27.07.2026 requesting the respondent authorities not to interfere with the petitioner's property except by following due process of law and after payment of lawful compensation. Since no action has been taken on the said representations, learned counsel seeks a direction to respondent No.2 to consider the same and pass appropriate orders in accordance with law.

5. Learned Government Pleader for panchayat Raj and Rural Development, appeating for respondent Nos.1 to 4, submits thar respondent No'2 wourd consider the representations dated

08.06.2026 and 27.07.2026 and pass appropriate orders in accordance with law.

6. Having regard to the submissions made by the learned counsel appearing for the respective parties, without expressing any opinion on the merits of the case, this Court deems it appropriate to direct respondent No'2 to consider the representations dated 08.06.2026 and 27'O7'2026 submitted by the petitioner, and pass appropriate orders thereon, strictly in accordance with law, as expeditiously as possible, preferably within a period of four (4) weeks from the date of receipt of a copy of this order.

7. With the above direction, the Writ Petition is disposed of' There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, in this Writ Petition, shall stand closed. //TRUE COPY// SD/. A.H.S.GOWRI SHANKAR ASSISTANT REGISTRAR SECTION OFFICER G To,

The Principal Secretary, panchayat Raj and Rural Development Department , Secretariat, Hyderabad. The District Collector, Narayanpet, Narayanpet District.

3. The District Panchayat Officer, Narayanpet District

4. The Executrve Engineer, Panchayat Raj Division, Narayanpet District.

5. The Mandal Parrshad Development Officer, Maddur Mandal, Narayanpet District-

6. The Gram Panchayat, Mominapur, Rep. by its Panchayat Secretary, Maddur Mandal, Narayanpet District.

7. One CC to Sri. CHALAKANI VENKAT YADAV, Advocate [OPUC] B. Two CCs to GP for PANCHAYAT RAJ & RURAL DEV, High Court for the State of Telangana, at Hyderabad [OUT]

9. Two CD Copies PSR TKS (ec.)

HIGH COURT DATED: 0410812026

ORDER

WP.No.25498 of 2026 DISPOSING OF THE WRIT PETITION WITHOUT COSTS. CC TODAY ,/.,L /'* ii) 1J slR rt: 1 4 AUE 2O2E Pz Cl S * + DFspntctl D :l $\1 { (v;

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