Merugu Andalu Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2026)

Merugu Andalu Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2026)

What the court decided

AI extract

Outcome

Writ Petition disposed of without costs, with a direction to respondent No.4 (Tahsildar, Ramannapet Mandal) to take necessary steps pursuant to its Endorsement No.C/53 1/2024 dated 16.07.2024, in accordance with law, expeditiously and preferably within forty-five working days (printed "(a5)") from receipt of a copy of the order, after granting an opportunity of hearing to unofficial respondent No.6; further service of notice on respondent No.6 dispensed with; pending miscellaneous applications, if any, closed.

Issue for consideration

Whether the action of respondent Nos. 4 and 5 in failing to control the alleged illegal activities of respondent No.6, who is trying to grab the 20-feet pathway in Sy.No.127 of Uthatoor Village used by the petitioner and other farmers for about 50 years, is illegal and arbitrary, warranting a writ of mandamus directing necessary action. +2 more

Ratio / Principle

On perusal of the record and the Endorsement dated 16.07.2024, the Court found that respondent No.4 issued no further notice to the concerned parties after passing the said Endorsement.

Key takeaways

The Court therefore deemed it appropriate to direct respondent No.4 (Tahsildar) to take necessary steps in pursuance of the Endorsement dated 16.07.2024, in accordance with law.ratio¶56
Such steps were to be taken expeditiously, preferably within (printed "(a5)", read as forty-five) working days from receipt of a copy of the order, after granting an opportunity of hearing to unofficial respondent No.6.ratio¶61

Detailed headnote1 paragraphs

Writ Petition (Art. 226) by a farmer claiming a 20-feet pathway in Sy.No.127, Uthatoor Village, used for about 50 years and protected by an easementary right of prescription under S.15 r/w S.4, Indian Easements Act, 1882, alleged to be grabbed and obstructed by respondent No.6 with the revenue police authorities (Resp. Nos. 4 and 5) failing to act despite the Tahsildar's Endorsement No.C/53 1/2024 dated 16.07.2024 directing restoration of the path. Holding that no further notice followed the Endorsement, the Court directed respondent No.4 to take necessary steps in pursuance of the Endorsement dated 16.07.2024 in accordance with law, expeditiously, preferably within forty-five working days, after hearing unofficial respondent No.6, dispensing with fresh notice; writ petition disposed of without costs and pending miscellaneous applications closed.

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

TUESDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL

WRIT PETITION NO:41 OF 2026

Between:

Merugu Andalu, W/o Late Yadaiah, aged about 55^years, Occ ; Agriculture,^R/o Uthatoor Village, Ramannapet l,4andal, Yadadri-Bhongiri District.

.....PETITIONER

AND

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

The District Collector, Yadadri-Bhongiri District, Yadadri-Bhongiri^District.

The Revenue Divisional Officer, Chowtuppal Division,^{Yadadri-Bhongiri} District.

The Tahsildar, Ramannapet lvlandal, Yadadri-Bhongiri District.

The Station House Officer, Ramannapet Police Station,^{RamannapetMandal,} Yadadri-Bhongiri District.

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Jangili Yadaiah, S/o Agaiah, Aged about 58^years, Occ.^{Aglricultural,Rl,/o} Uthatoor Village, Ramannapet Mandal, Yadadri-Bhongiri District.

.....RESPONDENTS

Petrtion Under Article 226 of the Constitution of lndia^praying that^{in the} circumstances stated in the affidavit^filed therewith, the^{High Courtmay be} pleased to issue an order or direction more particularly one in the nature of Writ of f\rlandamus declaring the action of the Respondent No. 4 and 5^{in non-controlling} the illegal activities of the Respondent No. 6, who^is trying^{to grab the 20 Feet} Pathway and obstructing the Petitioner and others to^{reach their agriculturallands} through the said pathway specificallyⁱⁿ Sy. No.^'127 of^{UthatoorVillage, due to} which the Petitioner and other farmers are unable to^{reachtheir cultivatinglands,}

which is using from last 50 years and the petitioner acc rired an easementary right of said pathway by prescription under Section 15 rerr I wilh section 4 of the lndian Easements Act, 1882, even though the Responder t No. 4 and 5 are not initiating to take the necessary action against the Respon,i:nt No. 6 is illegal and arbitrary, u nconstitutiona I and violation of Articles 14, i(,. 21 and 300-4 of the constitution of India and also violation of the principles r f Natural Justice and consequently direct the Respondent No- 4 and 5 to takrr the necessary action against the illegal activities of the Respondent No. 6, whc, s grabbing the public pathway passing though Sy. No. 127 of Uthatoor Village :rr d by merging into his assigned land, due to which the Petitioner and other farmt: s are unable to reach their agricultural lands.

l.A.NO:1 OF 2026

Petition Under section 15'1 cpc praying that in the cr cumstances stated in the affidavit filed rn support of the petition, the High coLrr may be pleased to direct the Respondent No. 4 and 5 to take the necessary ar; on against the illegal activities of the Respondent No. 6, who is grabbing the p., rric pathway passing though Sy. No. 127 of Uthatoor Village and by merging i, o his assigned land, due to which the Petitioner and other farmers are ur able to reach their agricultural lands, pending disposal of the writ petition.

Counsel for the Petitioner : SRI RAPOLU BHASKAR

Counsel for the Respondent Nos..l to 4 : SRI L.RAVINDER \Gp FOR REVENUE

Counsel for the Respondent No.5 : AGp FOR HOME

Counsel for the Respondent No.6 : -

The Court made the following ORDER

n

IN THE HIGH COURT FOR THE STATE^{OF TELANGANA}

AT HYDERABAD

THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL

WRIT PETITION No.41 of 2o26

Dated: o,6.01.2o26

Between:

Merugu Andalu

. . . Petitioner

And

The State ol Telangana represented by its Principal Secretary, Revenue Department and five^others

... Respondents

ORDER:

This Writ Petition is filed under^{Article 226 of}

Constitution of India seeking^{the followingrelief/s:-}

"... to issue an ordcr or direction^{more particularlyone in} the nature of Writ of Mandamus^{declaring the action of the} Respondent No.4 and 5 in non-controlling^{the illegal} activities of the Respondent No.6,^{who is trying to grab the} 2O Feet Pathway and obstructing the Petitioner^{and others} to reach their agriculturat lands thrbugh^{the saidpatJlway} specihcally in Sy.No.127 of Uthatoor^{V lage,due to which} the Petitioner and other^{larmers are unable to reach their} cultivating lands, which is^{using from last 50 yearsarrd} the Petitioner acquired an^{easementaS/ right ofsaid} pathway by prescription under Section 15^{read with} Section 4 of the Indial Easements^{Act,1882, even though} the Respondent No.4 and 5 are^{notinitiatingto} take the necessary action^{against the Respondent No.6 is} illegal and arbitrary, unconstitutional^{and violationof} Articles 14, 15, 2l and 300-4^{of the Constitution of India} and also violation of the^{Principies of NaturalJustice and} consequently direct the Respondent^{No.4al:rd 5 to take the} necessary action against^{theillegal activities ofthe} Respondent No.6, who is^{grabbingthe publicpathway} p.""it g though Sy.No.127 o{^{lJthatoor Viliage and by} merging into his assigned land,^{due to which the Petitioner} ald other fanmers are unable^{to reachtheir agricultural} - Iands and pass such other order^{or orders} "^"

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2

Heard I{r. Rapolu Bhasker,^{learned c t unsel forthe} petitioner and Mr.L.Ravinder, Iearned^{Assistir tt (iovernment} Pleader for Revenue representing^{learnedGo.'(' rlme nt Pleader} for Revenue appearing for respondent^{Nos.1 t,r 4. Perusedthe} record.

Learned counsel for the^{petitionersu I mits that the} petitioner is the owner and^possessor of^{agr culturallands} admeasuring Acs.2.32 gts in Sy.Nos.85ca2,^{i6Ga1, BSKa1,} 91Ga1,92 situated at Uthatoor^{Village, Ramat napetMandal,} Yadadri-Bhongiri District and^{he was issued . re E Pattadhar} Pass Book and title deed to that^{effect. As rt spondentNo.6} was interfering with the 20 feet^{pathu'ay whi:: Iu'as usedas} an easement from the past 50 years,^{by ttrt' petition<:rald} other villagers, they submitted a^{represc:ltationdated} 1I.O7 .2024 before respondent No.4.^{Pu - ;uatltthereto} respondent No.4/Tahsilda-r had issued^{a1r Endorsement} No.C/53 1/2024 dated^{16.07.2024. Para No.2 rf the same is}

extracted as under:-

2-There[ore, after considering the above matters, it is^{r :reb1 notilicd} that as requested by the petitioners Sri-Merugu^{Lir:raiahand l0} other farmers, the 20 feet path existing since the^{imc oitheLr} grandfathers, rvhich is more than 50 years old,^r,1 ould not^be obstructed by the Government Land Survey No. 127^{a I} I other^lands Survey No. 85, 86. The entire area o[ Government^{l,al ISurve]' No} - '--

t I

I

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127 fBancharar, Area Acres 15 17 Guntas, some of rvhich has been assigned. The Surve-vor can determine the boundaries of such entire area of land A.15-17 pits in consultation with the Laurni Pattadars. And the encroachment of Kunta Shikam land A.7-OO pits by Mukul Lingaiah will be investigated by the Surveyor/ Girdavar's and appropriate action will be taken. Therefore, digging a path that^is used by farmers and the public, and^passing through^goverriment land survey number 127 and other surv'ey number 127 and other survey numbers 86, 86, rvhich is more than 50 years old, and obstructing it wlth stones is punishable - therefore, such a^path can be restored immediately."

Despite the issuance of Endorsement dated 16.07 .2024 of respondent No.4, directing respondent No.6 to restore the pathway, no action is taken by official respondents. Therefore, he seeks to pass appropriate orders.

Opposing the sarne, learned Assistant Government Pleader for Revenue contends that the enquiry is^under process and that necessary action would be taken by ofhcial respondents in due course of time. Therefore, he^{seeks to} dismiss the Writ Petition

Having regard to the submissions of both the^learned counsel and on perusal of the material available on^record and the Endorsement dated 16.07.2024, this Court is^{of the} opinion that no further notice is issued by respondent^No.4 to the concerned parties after^passing the said^Endorsement. Therefore, this Court deems it appropriate to^direct respondent No.4 to take necessary steps^{in pursuant of the} Endorsement dated 16.O7 .2024, in^{accordance with larv,as.}

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expeditiously as possible,^{preferablywithin Iperiodof (a5)} working days from the date of^{receipt of a ccl y o[ the order,} after granting an opportunity of^hearin 4^tounoffrcial respondent No.6. Since, notice is^{dire< te i on unolficial} respondent No.6, further service of^{notic: on unofficial} respondent No.6 stands^{dispensed with.}

With the above direction, this Writ^{Petit on is disposed}

of. No costs

As a sequel thereto, miscellaneous^{p'r itions' ifany'} pe nding in the Writ Petition shall stand closed .SD/_C. DEE'IKA

+3S^{lsrANrRECIS-]IBAR} //TRUE COPY// \

-__----7-

SECTION^OFFICER

To 1. The Principal^{Secretary, Revenue Department'^Seorelri iat; Secretariat} ' sriii";,"d;r"tr.v. stit" or Telansana 9! fvqer.99?d 2. The District^{Collector' ti'o'oii:ahi'itliriolstrict'Yadadr Bhongiri District'}

The Revenue^{oivisionar'5ftil"iCtii'*t'pp'lDivision r rdadri-Bhongiri}

o. ?i-ltJ11nr,'oar,^{Ramannapet Mandal'YadSdri-Bhonoirr| )istrict}

The Starion^{UouseOric#]h;ftil;o"i P"iice StatlorrRamannapettvlandal'}

.. YAr"ttSl:"3$''rBil'[lu=NUE,^{Hish court ror the S i te ot reransanaat}

Hvderabad. Two CCs [OUTI

z. Hvderabad. Two CCs^{to GP FOR HOME,} [OUTI^{HighCourt for the State r i Telanganaat} Hvderabad. [OUT]

I 6l,"""bCi;^{dnr inpor-uBHASKAR' Advocate[oPtr(]}

Two^{CD CoPies}

SA

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HIGH COURT

DATED:0610112026

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ORDER

WP.No.41 of 2026

DISPOSING OF THE W.P

WITHOUT COSTS.