Telangana High Court

WP/21096/2026 of M.Tarun Kumar Vs The State of Telangana on 6 July 2026

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD . (Special Original Jurisdiction) MONDAY, THE SIXTH DAY OF JULY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION NO:21096 OF 2026 Between: M.Tarun Kumar, S/o. Ramreddy, aged about 35

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD .

(Special Original Jurisdiction)

MONDAY, THE SIXTH DAY OF JULY

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO

WRIT PETITION NO:21096 OF 2026

Between:

M.Tarun Kumar, S/o. Ramreddy, aged about 35 years, Occ. Private Employee, R/o. H.No.2'1-135, Utkoor village and Mandal, Narayanpet District.

...PETITIONER

AND

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

2. The District Collector (PW), Narayanpet District

3. The District Panchayat Officer, Narayanpet District

4. Utkoor Gram Panchayat, Rep. by Secretary, Utkoor village and Mandal, Narayanpet District

5. The Tahsildar, Utkoor Mandal, Narayanapet District

6. M.Mohan Reddy, S/o. Basireddy, aged 50 years, Occ. Business, R/o. Utkoor Village and Mandal, Narayanpet District

...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 Writ of Mandamus, declaring the inaction of the respondent authorities in taking action against the illegal and unauthorized construction made by the unofficial respondent in the passage left to reach the petitioner's land in Sy.No. 2AN1

admeasuring Ac. O.21 gts., situated at Utkoor village within Utkoor Gram Panchayat by encroaching the road existing in front of his premises bearing H.No.21-135

without any valid permission, inspite of the written complaint dt. 1-7 -2026 as being iiti.

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4"li:

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illegal, arbitrary, unjust and unconstitutional and consequently direct the respondent authorities to remove/pull down the illegal and unauthorized made by the 6th respondent, by encroaching the road'

r.A.NO:1 oF 2026

petition under section 151 cPC praying that in the circumstances stated in the aflidavilfiled in support of the petition, the High court may be pleased to pass orders directing the respondent authorities to forthwith stop the construction activities made by the 6th respondent in the passage left to reach the petitioneis land in sy.No.2AAl1 admeasuring Ac. 0.21 gts., situated at utkoor village within utkoor Gram panchayat by encroaching the road existing in front of lis premises bearing H.No.21-135, pending disposal of the main Writ Petition'

Counsel for the Petitioner: SRI KARUNAKAR REDDY

counsel forthe Respondent No.1 & 3:AGP FOR PANCHAYAT RAJ RURAL DEV

Counsel for the Respondent No'2 & 5: AGP FOR REVENUE

Counsel for the Respondent No'4: SRI K'PRADEEP REDDY'

SC FOR GRAM PANCHAYAT

The Court made the following: ORDER

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HON'BLE SRIJUSTICE NAMAVARAPU RAJESHWAR RAO

DATE: 06.07.2026

WRIT PETITION No.21096 ot 2026

Between:

M.Tarun Kumar

... Petitioner

AND

The State of Telangana,

rep. by its Principal Secretary,

Panchayat Raj & Rural Development Department, Secretariat, Hyderabad and 5 others.

. .. Res po ndents

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ORDER

This Writ Petition is filed seeking the following relief "...1o issue an appropriate Writ, Order or Direction, more parttcularly one in the nature of Writ of lvlandamus, declaring the inaction of the respondent authorities in taking action against the illegal and unauthorized construction made by the unofficial respondent in the passage left to reach the petitioner's land in Sy.No.2AN1, admeasuring Ac.0.21 gts., situated at Utkoor Village within Utkoor Gram Panchayat by encroaching the road existing in front of his premises bearing H.No.21-135 without any valid permission. inspite of the written complaint dt.1-7-2026 as being illegal, arbitrary, uniust and unconstitutional and consequently drrect the respondent authorities to remove/putl down the illegal and unauthorized construction made by the dh respondent by encroaching the road and to grant..."

2. Heard Mr.Karunakar Reddy, learned counsel for the petitioner, learned Assistant Government Pleader for Panchayat Raj and Rural Development appearing on behalf of respondent Nos.1 and 3, learned

RRN,J W-P.No.21096 of 2026 Assistant Government Pleader for Revenue appearing on behalf of respondent Nos.2 and 5 and learned Standing Counsel for TG ZPP' MPP and GPPS. Perused the record

3. Learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of the land admeasuring Ac.o.21 guntas in Sy.No.2Afu1 , situated at Utkoor Village, Narayanpet District, having derived title through a registered Gift Settlement Deed executed by his mother, who in turn acquired the property under a Will executed by the petitioner's grandmother. The petitioner's residential house bearing H.No.21-135 was constructed with valid permission from the Gram Panchayat.

4. Learned counsel for the petitioner further submits that the unofficial respondent, without obtaining any valid permiss on, has illegally commenced construction by encroaching upon the public road abutting the petitioneis house and the passage leading to the petitioner's land, thereby obstructing the petitioner's ingress and egress. Though the petitioner submitted a written complaint dated 01 .07.2026 to the respondent authorities, no action has been taken. Taking advantage of such inaction, the unofficial respondent is proceeding with the construction

RRN,J W.P-No-21096 of 2026

5. The learned counsel for the petitioner furthep submits that the respondent authorities are under a statutory obligation to prevent illegal and unauthorized constructions and remove encroachments on public roads and access passages. lf the construction is allowed to continue, the petitioner would suffer irreparable injury by losing access to his residential house and land. Accordingly, prayed to allow the Writ Petition.

6. On the other hand, the learned Assistant Government pleader for Panchayat Raj and Revenue, along with the learned Standing Counsel for the Zilla Parishad, Mandal Parishad and Gram Panchayat, would submit that the respondent authorities are acting strictly in accordance with law and that there is no deliberate inaction on their part. lt is contended that the petitioner's representation is under consideration and appropriate action, if warranted, would be taken after conducting due enquiry and inspection in accordance with the provisions of the relevant Statutes and Rules.

7. ln view of the rival contentions raised by the learned counsel for respective parties, this Court is of the considered view that a direction to the respondent authoritles would meet the ends of justice.

RRN,J W.P-No.21096 ol 2026

8. Accordingly, the respondent authorities are directed to consider the petitioner's representation dated 01.07.2026, conduct enquiry by inspecting the subject property, and, if it is found that the unofficial respondent has raised any illegal or unauthorized construction by encroaching upon the road or passage, thereby obstructing the petitioner's ingress and egress, they shall take appropriate action against the unofficial respondent in accordance with law. The respondent authorities shall complete the aforesaid exercise within a period of two

(02) weeks from the date of receipt of a copy of this order.

9. With the above direction, the Writ Petition is dlsposed of. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed. SDI P. PONNA KRISHNA ASSISTANT REGISTRAR //TRUE COPY// SE FFICER

1. The Principal Secretary, Panchayat Raj and Rural Development Department,Secretariat, Hyderabad, State of Telangana.

2. The District Collector (PW), Narayanpet District.

3. The District Panchayat Officer, Narayanpet District

4. The Secretary, Utkoor Gram Panchayat, Utkoor village and Mandal, Narayanpet District

5. The Tahsildar, Utkoor Mandal, Narayanapet District

6. One CC to SRI KARUNAKAR REDDY, Advocate [OPUCI

7. One CC to SRI K.PRADEEP REDDY, SC FOR GRAM PANCHAYAT [OPUC]

8. Two CCs to GP FOR PANCHAYAT RAJ RURAL DEV, High Court for the State of Telangana, at Hyderabad [OUT]

9. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad [OUT]

10. Two CD Copies 6>_ ,1 crldlr o To,

HIGH COURT DATED: 0fil0tt2O26

ORDER

WP.No.21096 of 2026 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS CC TODAY k\E S T4 i: a o € a- (t, =o .L ,,,, '\n i -'.. O(i 1 0 JUt 2026 * r\ llr l\ )

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