Telangana High Court
Golle Mallaiah vs The State Of Telangana on 6 May, 2026
Author: Surepalli Nanda
Bench: Surepalli Nanda
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
HON'BLE MRS. JUSTICE SUREPALLI NANDA
WRIT PETITION No.16124 OF 2026
DATE: 06.05.2026
Between :
Golle Mallaiah & 2 others
... Petitioners
A ND
The State of Telangana,
Rep. by its Principal Secretary,
Roads and Buildings Department,
Secretariat, Hyderabad & 10 others
... Respondents
ORDER
Heard Sri Krishna Kishore Kovvuri, learned counsel appearing on behalf of the petitioners, learned Assistant Government Pleader for Roads and Buildings, appearing on behalf of respondent Nos.1 to 3, learned Assistant Government Pleader for Revenue, appearing on behalf of respondent No.4, Sri Katta Pradeep Reddy, learned Standing Counsel appearing on behalf of respondent Nos.5 and 6 and learned 2 SN,J W.P. No.16124 of 2026 Assistant Government Pleader for Home, appearing on behalf of respondent No.7.
2. The petitioners approached the Court seeking prayer as under:
"...to issue a writ, order or direction more particularly one in the nature of writ of Mandamus, declaring the action of the official respondents in not stopping and not removing the unauthorized and illegal temple construction in the middle of the Government (Dambar road from Sulthanabad to Dulikatta) situated between the existing Yellamma Temple and Matha Temple, Muppirithota Village, Eligaid Mandal, Peddapalli District as illegal, arbitrary violative of principles of natural justice contrary to G.O.Ms.No.18, Dt 18.02.2013 and also contrary to the circular Dt 02.04.2025 issued by 4th respondent apart from being violative of Articles 14 21 and 300-A of Constitution of India and consequently direct the official respondents to remove the illegal construction of temple Government (Dambar road from Sulthanabad to Dulikatta) situated between the Yellamma Temple and Matha Temple Muppirithota Village, Eligaid Mandal, Peddapalli District and to pass".
3. The case of the petitioners in brief as per the averments made in the affidavit filed by the petitioners in support of the present Writ Petition is as under:-
3
SN,J W.P. No.16124 of 2026 The petitioners are owners and residents of different houses in Muppirithota Village, Eligaid Mandal, Peddapalli District. The petitioners have been residing in their respective properties by paying necessary taxes. There exist 200-year-old Yellamma and Matha Temples situated opposite each other on either side of the Government Dambar road from Sulthanabad to Dulikatta. In the third week of April 2026, the unofficial respondents allegedly commenced construction of a new Matha Temple in the middle of the existing 30-feet road with an intention to shift the temple from its original location. The road is proposed for expansion with Government funds and that the construction obstructs the existing road alignment, affecting petitioners' houses and public movement. Representation dated 28.04.2026 was submitted to the authorities, but no action was taken on the said representation of the petitioners as on date. Hence, the present writ petition had been filed seeking removal of the alleged illegal construction and consequential directions.4
SN,J W.P. No.16124 of 2026 PERUSED THE RECORD:
DISCUSSION AND CONCLUSION:
4. The learned counsel appearing on behalf of the petitioners mainly puts forth the following submission:
(i) The unofficial respondent Nos. 8 to 11 started construction of a Mata Temple in the middle of the road leading from Sulthanabad to Dulikatta at Muppirithota Village, Eligaid Mandal, Peddapalli District, and the official respondents, with an intention to shift the said temple from its existing place to the middle of the road, are permitting the illegal construction.
(ii) The petitioners submitted a representation dated 28.04.2026 addressed to the District Panchayat Officer, Peddapalli District, requesting the authorities to stop the illegal construction of the temple on the Government Dambar road leading from Sulthanabad to Dulikatta.
(iii) Though the said representation dated 28.04.2026 was acknowledged by the office of the Panchayat Secretary 5 SN,J W.P. No.16124 of 2026 of respondent No.6 Gram Panchayat and also by the office of the District Panchayat Officer, Peddapalli, no action has been initiated as on date.
5. The learned Assistant Government Pleader for Roads and Buildings, appearing on behalf of respondents brings on record written instructions vide Lr.No.Supdt/AB/Court Cases/PDPL/2026-27, dated 05.05.2026 of the Executive Engineer, (R&B) Division, Peddapalli and the same is extracted hereunder:
" Further it is to submit that, in turn this office has requested to the District Panchayath Officer, Peddapalli vide under reference 3rd cited to give necessary instructions may kindly be issued to the concerned authorities for immediate stoppage of the unauthorized construction and for taking suitable action for its removal at the earliest, in the interest of public safety. Photographs of the site are enclosed here with this letter. (Copy of the EE's letter is enclosed) and Act 1905 encroachment act, the R&B Department is not the competent authority to removal of encroachments except addressing a letter before the Revenue authorities and if any of the R&B Officer may involve a per the oral instructions of the Revenue / Municipal & 6 SN,J W.P. No.16124 of 2026 Panchayat Raj or without any proceedings as per AP Land encroachment Act 1905 they may face consequences by individual before the Hon'ble Court they are personally responsible for their illegal activities as per the orders in WP No. 2776/2017 and as per Gram Panchayat under Section 58 of the Telangana Panchayat Raj Act 2018, the responsibility to prevent and remove encroachments often lies with the Gram Panchayat only. As such this office clearly addressed a letter to concern Gram Panchayat to stop the unauthorized constructions and to take necessary steps for removal of the same at the earliest".
Based on the aforesaid written instructions, the learned Assistant Government Pleader for Roads and Buildings, appearing on behalf of the respondents contends that appropriate steps had already been taken pursuant to the representation of the petitioners, and that the Executive Engineer, (R&B) Division, Peddapalli had also addressed a letter to the concerned Gram Panchayat i.e., respondent No.6 directing it to stop the unauthorized construction and take necessary steps at the earliest. 7
SN,J W.P. No.16124 of 2026
6. Taking into consideration:
(a) The aforesaid facts and circumstances of the case,
(b) The submissions made by the learned counsel appearing on behalf of the petitioners, learned Assistant Government Pleader for Roads and Buildings, appearing on behalf of respondent Nos.1 to 3, learned Assistant Government Pleader for Revenue, appearing on behalf of respondent No.4, Sri Katta Pradeep Reddy, learned Standing Counsel appearing on behalf of respondent Nos.5 and 6 and learned Assistant Government Pleader for Home, appearing on behalf of respondent No.7,
(c) The contents of the written instructions placed before this Court dated 05.05.2026 of the Executive Engineer, (R&B) division, Peddapalli addressed to the learned Government Pleader for R & B, State of Telangana, High Court (referred to and extracted above),
(d) The contents of the representation dated 28.04.2026 addressed to the District Panchayat 8 SN,J W.P. No.16124 of 2026 Officer, Peddapalli District and also the Panchayat Secretary of the respondent No.6 Gram Panchayat,
(e) The letter dated 01.05.2026 of the Executive Engineer (R and B) Division, Peddapalli addressed to the District Panchayat Officer, Peddapally,
(f) The discussion and conclusion as arrived at Para Nos. 4 & 5 of the present order, The Writ Petition is disposed of directing respondent No.6 to take appropriate action in accordance to law duly taking into consideration the representation of the petitioners dated 28.04.2026 addressed to the respondent No.5 herein duly taking into consideration the letter dated 01.05.2026 of the Executive Engineer (R and B) Division, Peddapalli addressed to the District Panchayat Officer, Peddaapally, by giving notice and reasonable opportunity of hearing to all concerned including the petitioners herein, within a period of three (3) weeks from the date of receipt of a copy of the order.
There shall be no order as to costs. 9
SN,J W.P. No.16124 of 2026 Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.
___________________________ MRS. JUSTICE SUREPALLI NANDA Date: 06.05.2026 Skj