Smt-Madanu Vijaya Mary v. 1. State of Telangana

Petition under Article 226 of lhF- Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of Wnt of Mandamus declaring a)the action of the Respondent No.5 in permitting the unauthorized construction activity of the Respondents No.7 and 8 in the property of the Petitioner in respect of open plct bearing No.23 in Sy,No.129 admeasuring 200 Sq.Yards, situated at Kunoor Village, Bhongir Mandal, Yadadri-Bhuvanagiri District, despite existence of the interim injunction granted in favour of the Petitioner by the Hon'ble Additional Junior Civil Judge, thongir in l.A.No. 360 of 2023 in O.S.No. 231 ol 2023, dated 13-09-2023 and also the Representation, dated 06-02-2025 submitted by the Petitioner to restrain tlre Respondents No-7 and 8 from making such illegal construction, b)the action of the Respondent No.6 in not acting upon the complaint made by the Petitioner on Ct6-O2-2025 apart from telephonic complaint to take action against the Respondents No.7 and 8, who illegally interfered into the Petitioner's property and also by violating the order passed by the competent civil cou( being illegal, arbitrary, and violative of A(icles 14,21 and 300-A of the Constitution of lndia apart ''rom being violative of principles of natural justice and consequently direct the Respondents No.2 to 6 to take steps to prevent the illegal and unauthorized consttction activity of the Respondents No.7 and 8 in the sub.iect property and to initi;rte necessary criminal proceedings respectively lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the c rcumstances stated in the affidavit filed in support of the petition, the High Cor.rrt may be pleased to direct the Respondents No.2 to 5 to ensure that no constluction activity to carry on by the Respondents No.7 and 8 or any third parties on their behalf in the prope(y of the Petitioner i.e. Plot bearing No.23 in Sy.No.129, admeasuring 200 Sq.yards situated at Kunoor Village, Bhuvanagiri Mandal, Yadadri-Bhuvanagiri District, pending disposal of the main Writ Petition lA NO: 2 OF 2025 Petition under Sectron 151 CPC praying that in the crircumstances stated in the affidavit filed rn support of the petition, the High Court may be pleased to direct the Respondent No.6 to act upon the complaint, dated 06-02-2025 of the Petitioner to take necessary steps against the Responderts No.7 and 8 for their illegal interference and unauthorized construction in the property of the Petitioner i.e. Plot bearing No.23 in Sy.No.129, admeasuring 20() Sq.yards situated at Kunoor Village, Bhuvanagiri Mandal, Yadadri-Bhuvanrrgiri District, pending disposal of the marn Writ Petition Counsel for the Petitioner: SRl. PAPAIAH PEDDAKULA Counsel for the Respondent Nos. 1&5: GP FOR PANCHAYAT RAJ RURAL DEVELOPMI=NT Counsel for the Respondent No.2: GP FOR REVENUE Counsel for the Respondent Nos.4&5: SRI P. KISHORE RAO, SC Counsel for the Respondent No.6: GP FOR HOME Counsel for the Respondent Nos.7&8:- The Court made the following: ORDER THE HON'BLE SMT. JUSTICE T. MADHAVI DEVT WRIT PETITION No.3870 OF 2025 ORDER: This Writ Petition is filed aggrieved by the inaction of respondent No.5 in taking any action against the unauthorized construction activity being carried out by respondents No.7 and 8 in the property of the petitioner in respect of the open plot bearing No.23 I in Sy.No.t29 admeasuring 200 sq.yards. situated at Kunoor Village, Bhongir Mandal, Yadadri Bhuvanagiri District, despite existence olan interim injunction granted in favour of the petitioner by the Hon'ble Additional Junior Civil Judge, Bhongir, in LA.No.360 of 2023 in o.S.No.23 I ot 2023 dated 13.09.2023.

2. Rcspondent No.5-Gram Panchayat filed the counter affidavit stating that notice dated 06.02.2025 has already been issued to respondent No.8 to stop the construction and remove the iltegal construction. tt is submitted that the action will be taken strictly in accordance with law. \

3. Leamed Government Pleader for Home, appearing for respondent No.4, however, submitted that they have not received any complaint from the petitioner against respondents No.7 and 8 2

4. Leamed counsel for the petitioner submitted rhat a complaint was filed and they would again approach the Police if action is not taken by the Panchayat Raj Department

5. Having regard to the above submissions of both the parties, this Court finds that admittedly respondents No.7 and 8 have not obtained any permission for making construction in the subject property and the respondent authorities have already issued a notice rlated 06.02.2025 to submit the necessary documents and also pennissic,n for making the construction, failing which action under Section 114(l) of the Telangana Panchayat Raj Act, 2018 to be taken. Therefore, respondent No.5 is directed to take action in acccrdance with law under Section I la(l) ol the Telangana Panchayat Raj Act, 2018 and remove the illegal construction, if any, in accordance with law. i

6. With the above direoions, this Writ Petition is disposed of. There shall be no order as to costs

7. Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed. //TRUE COP Yll SD/. K. AMMAJI STANT REGISTRAR AESI SECTION OFFICER To, 1 . The PrinciPal Secreta ry PanchaYat Rai Secretariat Buildings' 2.r he District Collector , Yadadri- at Officer, e District PanchaY 3. Th DeveloP ment Officer' Bhong ir, Yadadri-Bhuvanaglrl e Mandal Parishad 4. Th District at Bhongir uvanag iri t)istrict at Bhongir aifabad, HYdera bad Bhuvanagtrt Yadadri-Bh S and Rur evelopmenl DePartment' District Hyderabad [OUT1 Yadadri-Bhuvanaqiri Dislrict

5. The Panchayat Secretary, Kunoor Grama panchayat, Bhongir Mandal, 6. The S-tation Hous6 Officer, plo:tg[.Ryfaf potice Station, Rachakonda 7. one cc to sRr. pApArA5.SQpAxUrI,'*jr,iJt6ibpucf 8. rwo ccs to Gp FoR HoME, Hish b;;?;;fi;si,iL orretansana, at 9. Two CCs to- Gp FOR REVENUE High Court for the State of Telangana, at lg.g"" gg to sRr p KtsHoRE RAo, SC lopucr 1 1 . Two CCs ro Gp FoR PANCHAYIT-RA] nrJ{AL DEVELOpMENT ,Hish . ^ 'l2.Two CD Copies _the s tate of Tera ngrnr ri nvi;;iiJ tb"ut' Hyderabad IOUTI court_for BM GJP w a I I I i Ii I i I I I t I i ! i Ij i I HIGH COURT DATED:24l02tZ0Zs I \ /t l ORDER WP.No.3870 of 2025 J o t. (HE S Ia /(' o( R I O1JUL It S,ATCHgO t (n( z o DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,*-Sd $rr'o i I I i J I I I I I I I ! I I t I : i I !