✦ High Court of India · 22 Jul 2025

The High Court · 2025

Case Details High Court of India · 22 Jul 2025
Court
High Court of India
Decided
22 Jul 2025
Bench
Not available
Length
1,058 words

Petition under Article 226 of lhe 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 Mandamus declaring the action of the respondent No.8 in issuing the impugned notice vide No. 81/GPK|VPl2O25 dated 27-O1-2025 and directed the Petitioner to demolish the house of the Petitioner within a period of three days, without giving the opportunity to give the explanation and without following the due process of law and trying to demolish the house and compound wall of the Petitioner vide H.No.3-125, Kranthi College Colony, Kondamallepally Village and Mandal. Nalgonda District is highly illegal, arbitrary, unconstitutional and violation of Articles 14. 15.21 and 300-4 of the Constitution of lndia and also violation of the Principles of Natural Justice and consequently to set aside the impugned notice vide No. 81/GPKMP|2025 dated 27-O1-2025 issued by the Respondent No- 8 and by directing the Respondent No.8 not todemolish the compound wall of the Petitioner's house which is constructing to safeguard from the snakes and dogs around her house vide No. H.No.3-'125, Kranthi College Colony- Kondamallepally Village and Mandal, Nalgonda District. 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 set aside the impugned notice vide No. 81/GPKMP|2O25 dated 27 -01-2025 issued by the Respondent No. B and by directing the Respondent No. 8 not to demolish the compound wall of .the Petitioner's house which is constructing to safeguard from the snakes and dogs around her house vide No. H.No.3- '1 25, Kranthr College Colony, Kondamallepally Village and Mandal, Nalgonda District, pending disposal of the writ petition's. lA NO: 2 OF 2025 Petition under Section 15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No. B to mutate the name of the Petitioner in all Grampanchayat records on the house of the Petitioner vide H.No.3-125, Kranthi College Colony, Kondamallepally Village and Mandal, Nalgonda District, pending disposal of the writ petition's. Counsel for the Petitioner: SRI RAPOLU BHASKAR Counsel for the Respondent No.1, 2 & 4: GP FOR PANCHAYAT RAJ & RURAL DEV Counsel for the Respondent No.3 & 5: GP FOR REVENUE Counsel for the Respondent No.6 to 8: SRI K.PRADEEP REDDY, SC FOR GRAM PANCHAYAT The Court made the following: ORDER THE IIONOURABLE SMT JUSTICE T.MADHAVI DEVI ORDER: W.P.NO. 3241 OF 2o2s ln this writ petition, the petitioner is challenging the impugned notice dated 27.O1.2025 issued for demolition of the house of the petitioner within a period of three days as illegal, arbitrary and in violation of principles of natural justice and to pass such other order or orders in the interest ofjustice.

2. Learned counsel for the petitioner submitted that in the impugned notice daLed 27 .O1.2O25, the petitioner was directed to remove the house alleging it to be unauthorized but no notice has been given to the petitioner before such a direction was given

3. Learned Standing Counsel for the Gram Panchayat submitted that the notice dated 27.O1 .2025 may be directed to be treated as a show cause notice and the petitioner may be permiLted to submit his explanation and thereafter the respondents would take action in accordance with law.

4. After hearing both the parties and on going through the photographs filed along with the writ petition, it appears thal the house is an old construction and the petitioner is I I 2 intending to construct only a compound wall around the house. The impugncd order is also u.ithout issuance of any show cause notice prior thcrcto and therefore is in violation of principles of natural justice. Hence, the impugned notice datecl 27 .01.2025 is set aside with libert]' lo lhe respondents to issue a fresh notice and thercafter take action in accordance with law.

5. Accordingl-v, Lhc writ petition is disposecl of. There shall be no ordcr as to costs

6. Miscellancous pctilions, if any, pending in this writ petition, shall stand closed //TRUE COPY// SD/.A.V.S.PRASAD PUTY REGISTRAR E SECTION OFFICER To,

1. The Principal Secretary, Panchayatrai Department' Secretariat Building' Secretariat, Hyderabad. State ot lelangana'

2.TheCommissioner,PanchayatrajDepartmentTelangana,Hyderabad. 3. The District Coliectoi', Nalgonda, Naigonda District 4. The District Panchyat Officer, Nalgonda, Nalgonda District' 5. The Tahsildar, Konda [r/lallepally tVlandal, Nalgonda District' 6. The Mandal Parishad Development officer, Konda tVlallepally Mandal' Nalgonda District.

7. The Mandal Panchayat Officer, Konda lMallepally tvlandal' Nalgonda District' B. The Executive Officer/Panachayat Qegrg|a.V' Grampanchayat' Konda " t\,i;jl"p;i[Viirg" Kono, Mallepallv Mandal Nalgonda District' 9. One CC to SRI RAPOLU BHASKAR, Advocate [OPUC] 10.One CC to SRI K.PRADEEP REDDY' SC FOR GRAIV PANCHAYAT [OPUCI 1'1 .Two CCs to GP FOR PANCHAYAT RAJ RURAL DEV' High Court for the ' 'State 12.Two CCs to GP FOR REVENUE, High Court for the State of Telangana at of Telangana at Hyderabad [OUT] Hyderabad [OUT]

13.Two CD CoPies JM / HIGH COURT DATED:2210712025 ir \' ( o s14 ,(: J o (,) a (, (- ti n .r 3 0 JUt ztE 5:D/, ..,jHf: !l * \ ORDER WP.No.3241 oI 2025 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS

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