np (np) 27 July 2023

Government land (kumki/haadi) encroached and denied access to my agriculture land

In short, scenario is given below : adjacent to my agriculture land there is government kumki/haadi land which is encroached by some local people. I had access to my agriculture property through this government land. Now this encroached person is not ready to give me way atleast a truck passing widdth of 10 feet. Earlier I had access through this government land, now once he encroached government land he is denying me the entry. Now what are my actions or options ? how to get minimum 5 meter access through this encroached government land.? whom or which organization /department I need to approach to raise my voice.

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Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 27 July 2023

you can file a petition in local civil courts for injunction order from the court. An easement is a right which the owner of a property has to compel the owner of another property to allow something to be done, or to refrain from doing something on the survient element for the benefit of the dominant tenement

Mr. Sumitra kumar (Advocate) 27 July 2023

@Querist,

You can make a complaint against the encroacher to the Collector under relevant public land encroachment laws.

Thank you.

T. Kalaiselvan, Advocate (Advocate) 28 July 2023

If you had been using this pathway for many years and there is no other path way for your ingress and egress purpose, you may file a suit for mandatory injunction against the obstructors to remove the obstacles and for easement rights by necessity.

Dr. J C Vashista (Advocate ) 28 July 2023

Consult and engage a local prudent lawyer for institution of a permanent and mandatory injunction against the encroacher as well as "governent" owning authority of subject land.