High Court · 2025

Kokkula Shyam Sundhar, S/o. Late Kokkula Prasad, Aged about 27 year:s, Occ. pvt Employee, R/o. H.No.12-6-124, Shivanagar, Sririclla Town, Siricilla District. PETITIONER AND

1. The State of Telangana, Represented by its Principal Secretary, panchayath Raj Department, Secretariat Building, Secretariat, Hyderabad.

2. The Commissioner, Panchayath Raj Department, Telangana, Hyderabad. 3. The District Collector, Jagitial, Jagitial District. 4. The District Panchayath Raj Officer, Jagitial, Jagitial District. 5. The Mandal Parishad Development Officer, Mallial Mandal, Jagitial District. 6. The Mandal Panchayath Officer, Mallial [Mandal, Jagitial District. 7. The Grampanchayath, Mallial Village and Mandal, Jagitial District. Rep. by its Secretary.

8. Dussa Ramadevi, D/o. Mallaiah, Aged about 45 Years, Occ. Pvt. Employee, Rl/o. Mallial Village and lr/andal, Jagitial 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 order or direction more particularly one in the nature of Writ of lt/andamus declaring the action of the Respondent Nos.S to 7 in non- considering the representations of the Petitioner dated 30.12.2024 and non- initiating to take the necessary action against the illegal construction of the Respondent No.8 in the house premises of the Petitioner through-vide House bearing No. 4-1-7 to an extent of 60 Sq. Yards, which is situated at tllallial Village and Mandal, Jagitial District during the pendency of civil suit through vide 0.S.No.247 of 2024 on the file of Hon'ble ll Additional Junior Civil Judge Court at Jagitial without obtair ing any permissions from the concerned authorities is illegal, arbitrary, unconstitutional and violation of Articles 14, 15,21 rand 300-4 of Constitution of lndia and also violation of Principles of Natural Justice and consequently direct thr: Respondent Nos. 5 to 7 to consider the representations of the Petitioner dated 30.12.2024 and take the necessary action against the illegal construction ol the Respondent No.B in the House bearing No. 4-1-7 to an extent of 60 Sq. Yards;, which is situated at tVlallial Village and tVlandal, Jagitial District during the penclency of Partition Suit through vide No.247 of |2024. |.A.NO:1 OF 2025 Petition Under S;ection 151 CPC praying that in the circumstance$ 'stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent Nos. 5 to 7 to consider the representations of the Petitioner dated 30.1 2 .2024 and take the necessary action against the illegal construction of'the Res;pondent No.B in the House bearing No. 4-1-7 to an extent of 60 Sq. Yards, which is situated at lVallial Village and lVlandal, Jagitial District during the pendency of Partition Suit through vide No.247 of 2024 pending disposal of the writ pet tion. Counsel for the Petitioner : SRI B.VENKAT, ADVOCATE FOR SRI RAPOLU BHASKAR Counsel for the Respondent Nos.1 to 4 & 6 : GP FOR PANCHAYAT RAJ AND RURAL DEVELOPMENIT Counsel for the Respondent Nos.5 & 7 : SRI R.CHANDRA SHEKAR REDDY Counsel for the Respondent No.8 : - The Court made the following ORDER THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.22O5 of 2O25 ORDER: In this writ petition, the petitioner has prayed for the following relief: " . . . ..to issue an order or direction more particularlg one in the nature of Writ of Mandamus declaing tte action of the Respondent lVos.S to 7 in non-consideing the representations of the Petitioner dated 30.12.2024 and non'initiating to take the necessary action against tte illegal constnrction of the Respondent No.S in the house premises of the Petitiiner through uide House beaing No-417 to an extent of 60 Sq Yards uthich is situated at Mallial Village and Manda| Jagitial Di.strict duing the pendencg of ciuil suit through uide 0.5.No.247 of 2O24 on tle file of Honble II Additional Junior Ciuil Judge Court at Jagitial uithout obtaining anA permissions from the concerned authoities is illegal, arbitrary, unconstihttional and uiolation of Articles 14, 15, 21 and 3OOA of Constitution of India and also uiolation of Principles of Natural Justice and consequentlg direct the Respondenl 1Vos.5 to 7 to consider the representations of the Petitioner dated 30.12.2024 and take the necessary action against the illegal construction of the Respondent No.8 in the House bearing No.417 to an ertent of 60 Sq Yards uthich is situated at Mallial Village and MandaL Jagitial Distict during the pendencg of Partition Suit through uide No.247 of 2O24 and pass......" 2. Learned counsel for the petitioner submitted that the petitioner has frled a suit for partition urde O.S.No.247 of 2024 , , on the file of II Additional Junior Civil Judge Court at Jagitial and without obtaining any permissions, respondent No.g is proceeding rvith the construction in the suit schedule land.

3. Learnecl Standing Counsel has cbtainer.l written instructions, according to which the responde.t authorities have obtained a leg,al opinion from the Assistant Government pleader of the High C:ourt and thereafter have granted permission to respondent No 8 uide proceedings, dated Lg.lO.2024.

4. In these circumstances, it cannot be said that respondent No.B is making any illegal construction.

5. Learncd Counsel for the petitioner at this sterge sought liberty to challenge the building permission granted to respondent No.8.

6. In vierv of the above, this writ petition is closerl granting Iiberty to the pe:titioner as prayed for. No order as to costs. Miscellaneous applications, if any, pending in this Writ Petition, shall stald closed . //TRUE COPY// SD/-S. MALLIKARJU NA RAO GISTRAR AS

1. Two CCs to Gp FOR PANCHAYAT RAJ AND RU Court for the State of Telan gana at H yderabad touTl One CC to SRt RAPOLU B HASKAR , Advocate loPUCl One CC to SRt Two CD Copies Tt.CHAND RA SHE KAR REDDY, Advocate (OPUC) RAL DEVELOpMENT, Hish OFFICER To 2 3 4 SA GJP s t,rl ( r ttE S t;1 ig o/ o o 101-i 1025 .,t t^ \ : HIGH COURT DATED:0610212025 ORDER WP.No.2205 of 2025 CLOSING THE W.P WITHOUT COSTS. u('d Wff