High Court · 2025

Petition under Article 226 of the Constitution of India 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 lMandamus, declaring the action of the Respondents No. 2,5 and 7 for not acting upon the representations dated 0810112025 and 271O112025 and not taking action agakist the illegal construction being carried out by gth and 1Oth Respondent without by obstructing and blocking the only pathway/road to the petitioners house as legal, arbitrary and violation of Arlicle 14, Article 21 and 300-4 of the Constitution of lndia and consequently direct the Respondents No.2,5 and 7 to consider the petitioner representations dated 0810112025 and 2710112025 and to demolish the illegal constructions and to restore the only road/pathway to the petitioner's house as it existed for more than 150 years lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct Respondents No.2,5,7 and 8 to stop the further construction being carried out by 9th and '101'' Respondent illegally encroaching into Panchayath road and by obstructing and blocking the only pathway/road to the petitioner's house, pending disposal of the main Writ Petition lA NO: 2 OF 2025 Petition unde. Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct Respondents No.3 and 8 to give police proteclion to the petitioner and his family members as there is a potential threat to their lives from the respondents no 9 and 10 and their family members as they are proclaiming that they will foist false cases against the petitioner and on his family members, pending disposal of the main Wrrt Petitron Counsel for the Petitioner: SR[. B. SATHISH Counsel forthe Respondent Nos. 1,4&7:GP FOR PANCHAYAT RAJ RURAL DEVELOPMENTS Counsel for the Respondent Nos.2&6: GP FOR REVENUE Counsel for the Respondent Nos.3&8: GP FOR HOME Counsel for the Respondent No.5: SRI R. CHANDRA SHEKAR REDOY, SC Counsel for the Respondent Nos. 9&1 0:- The Court made the following: ORDER THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.3117 OF 2025 ORDER: This Writ Petition is filed seeking a Writ of Mandamus declaring the action of respondents No.2, 5 and 7 in not taking any action on the representation ofthe petitioner dated 08.01.2025 and

27.01 .2025 to demolish the illegal construction which has been made by respondents No.9 and 10 by obstructing or blocking the pathway to the petitioner's house as illegal and arbitrary and consequently to direct respondents No.2, 5 and 7 to demolish the illegal constructions and restore the pathway to the petitioner's house and to pass such other order or orders.

2. Learned counsel for the petitioner subrnitted that there is a pathway leading to the petitioner's property and respondents No.9 and 10 have i11egally started constructing the compound wall, blocking the pathway and the petitioner is not able to reach his house due to the same.

3. Respondent No.7 filed a counter affidavit confirming that there is pathway leading to the petitioner's property and that respondents No.9 and 10 are making illegal construction of the 2 TMD,] wp 3717_2025 compound wirll and that the notice dated 21.01 .2025 has already been issued to respondents No.9 and 10 and further that taking the police prote;tion vide lr.No.1/2025, dated 23.01.2025, the construction of the compound wall has been stopped by respondent No.7.

4. l,earnerl counsel for the petitioner, fufther, pointed out that photographs liled along with the writ petition are dated 01.02.2025 and therefore, as on 23.01 .2025, no action was taken by the respondents i':r demolishing or stopping the illegal construction of the compoun,l r.r,all. Leamed counsel for the petitioner further submitted that now that the respondent authorities have accepted that the construction is illegal, they may be directed to remove or I demolish the compound wall.

5. Having regard to the rival contentions and the material on record, this Court finds that respondents No.9 and 10 have already been issued a notice dated 21.01.2025 about the cornplaint being made by the petitioner about the illegal construction of the compound wall being made by them and if the said respondents No.9 and 10 have not responded or given any reply to the said notice, respcrdent No.7 ought to have taken action to remove the , a 3 rMDJ wp_1117_2025 illegal construction of the compound wall. Since respondents No.9 and 10 are not before this Court, this Court deems it fit and proper to direct respondent No.7 to act upon the representations of the petitioner dated 08.01.2025 and 27.01.2025 and also take action consequent to the notice dated 21.01.2025 and if no reply is submitted by respondents No.9 and 10 and if there is no construction permission granted to them, the action under Section l14 of the Telangana Panchayat Raj Act, 2018 [Rule 33 of the Telangana Gram Panchayat Land Development (Layout and Building) Rules, 20021 shall be taken by removing the compound wall. The entire exercise shall be taken within a period of ten (10) days from the date of receipt of a copy of this order.

6. With the above directions, this Writ Petition is disposed of I There shall be no order as to costs. 7 . Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed- SD/. P.Ch. NAGABHUSHAMBA DEPUTY REGISTRAR ,TRUE COPY// SECTION OFFICER To, 1 . The Principal Secreta ry, Panchayathraj Departme Rural Development, 2 3 4 o 7 Secretanat Buildi ng, T.S.,Hyderabad The District Colle ctor, Kamareddy District The Superintend ent of Police, Kamaredd y District The District Pan chayath Officer, Kamareddy District. The Mandal Pa nchayath Offi cer, Jukkal Mandal, Kamaredd y District The Tahsildar, Jukkal Mand al, Kamareddy District. The Pancha yath Secreta ry, Baswapur Village, Jukkal Mandal, Kamareddy District B. The Station House Officer, Jukkal police Station, Kamareddy 9. One CC to SRl. B. SATHISH, Advocate IOpUCi 1 \ Hyderabad [OUT] Court for the State of Telangana at Hyderabad [OUT] 1O.TWO CCS tO GP FOR PANCHAYAT FiAJ RIJRAL DEVELOPMENT,High 11.Two CCs to GP FOR HOIME, High Court for the State of Telangana, at 12.Two CCs to GP FOR REVENUE High Court for the State of Telangana, at 13.One CC to SRl. R. CHANDRA SHEKAR REDDY, SC IOPUC] 14.Two CD Copies Hyderabad [OUT] I N, BlM GJP HIGH COURT DATED:1810212025 t \ ORDER WP.No.3117 of 2025 , I 'a (-)F Tuf .s 14 09 Jufl zur r * DISPOSING OF THE WRIT PETITION WITHOUT COSTS 01 1@ t Lq