The High Court · 2025

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 a writ, order or direction more parlicularly one in the nature of writ of mandamus declaring the notice in No. GP/NGPlN2l2025 dated 01.02.2025 of the 2nd Respondent addressed to the Petitioner asking the Petitioner to demolish the construction made pursuant to the permission which was granted vide proceedings no. 66lBPl2O24 dated 12.08.2024 as illegal, arbitrary, violative of principles of natural justice, violative of the provisions of the Telangana Panchayat Raj Act, 2018, violative of the Telangana Survey and Boundaries Act, 1923 and violative of the Articles 14 and 3004 of the Constitution of lndia and to consequently set aside the notice in No. GP/NGPlN2l 2025 dated 01.02.2025 of the 2nd Respondent lA NO: 1 OF 202s 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 suspend the notice in No. GP/NGP|N2| 2025 dated 01 .02.2025 of the 2nd Respondent, while directing the Respondents not to interfere with the construction of the '-/ Petitioner pursuant to the permission in 12.08,2024 proceedings n:) 66lBPl2O24 daled lA NO: 2 OF 2025 Between: Akula Vijayalaxmi, W/o. Anjaneyulu, Aged 44 years, Occ. hottr;e rold. R/o. 1-2-89, Opp Shivarama Krishna Theatre, NeaiJathara Ground, Vasavi lJagar, Vemulawada proper and li,4andal, Rajanna Sircilla District ...PETITIONER/3RD RESPONDENT IN !/V!).NO. 3948 OF 2025 AND 1 2 3 Sunka Ir,4allaiah, S/o. Late Sunka Kishtaiah, Aged 72 1'eirrs, Occ. Agriculture, R/o. H No. 3-33, Nagaiahpally, Hamlet of Marripa 1, Revenue Village of Vemulawada Rural, and Mandal, Rajanna Sircilla ...RESPONDENTMRIT PETITIONER lN l/vP.NO.3948 OF 2025 The State of Telangana, Panchayat Raj Department, S,)o.etariat at Hyderabad Rep by its Principal Secretary The Nagaiahpalli Grampanchayat, Vemulwada Rural lL'arrdal, Rayanna Sircilla District Represented by its Panchayat Secretary. ...RESPONDENTS/RESPONDENTS NO.1&2 IN h/P.N0.3948 OF 2025 Petition under Section '151 CPC praying that in the cir, umstances stated in the affidavit filed in support of the petition, the High Court ntay re pleased to vacate the interim orders passed in W.P.No. 3948 of 2O25, dal,,:ri 12-02-2025, in the interest of justice Counsel for the Petitioner: SRl. T SURYA SATISH Counsel for the Respondent No.1: GP FOR PANCHAYAT '?,.rJ RURAL DEV Counsel for the Respondent No.2: SRI KISHORE RAO PU SFIURU (SC FOR TS ZILLA PARISHADS) Counsel for the Respondent No.3: SRI THIMMARAJU RAI\4(: HANDRA RAO The Court made the following: ORDER THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.3948 OF 2025 ORDER: This Writ Petition is hled declaring the notice in No.GP/NGP/N2/2025 dated O1.O2.2025 issued by the 2",1 respondent asking the petitioner to demolish the construction made pursuant to the permission granted to him vide proceedings dated

12.Oa.2O24, as illegal and arbitrary and for a consequential direction to set aside the notice dated O1.O2.2O25.

2. Heard learned counsel for the petitioner, learned Government Pleader for Panchayat Raj, appearing for respondent No.1 and the learned Standing counsel for Gram Panchavat appearing for respondent No.2.

3. The petitioner claims to be the ou-ner of the land in Sy.No.633/C of Marripally village, Vemulawada Rural Mandal, Rajanna Sircilla District. He claims to have obtained permission on

12.Oa.2O24 and is proceeding with the construction. He further submitted that the unofficial respondent is the ou,ner of the adjacent land bearing Sy.No.633/E/C to arr extent of O.4% guntas and the dispute has arisen as to in s,hich survey number, the petitioner is making construction.

4. Along with the counter affidavit, the 2"d respondent filed a copy of the survey report of the Deputl- Inspector of Survey. However, learned counsel for the petitioner su lrrrritted that the survey has to be conducted by the Mandal Surve.l r )'ficer but not by the Deputy Inspector of Surver,.

5. Learned counsel appearing lor 3.,1 respondt:r t submitted that he has r-ro objection for a fresh survey to be condur. c(1 to identifu the area of the petitioner as u,ell as the 3,a respondent.

6. In vieu, thereof, the 2ua respondent is directeri tr) get the survey conducted by the Mandal Survey Officer. The szri,l survey shall be conducted after notice to anrl in the presence ot lrtth the parties u,ithin one (O1) month from the date of receipt of a r op1. of this order. Till such survey is conducted, interim order grallr.rl on 12.02.2025 and modified ort 18.06.2025 by this Court shall corrirrue. 7 With the abovc direction, the Writ petition is r:ispose<l of. There shall be no order as to costs

8. Miscellaneous applications, if any, pendirrgl in this Writ Petition, shall stand closed- ,TRUE COPY// i SD/-,A, SRINIVASA REDDY ...FSS ISTANT REGISTRAR I\" \l SECTION OFFICER ! To,

1. The Principal Secretary S Secretariat at Hyderabad tate of Telangana, Pancthii r t :laj Department,

2. The Panchayat Secretary, Nagaiahpalli Grampanchay'irt Vemulwada Rural lVlandal, Rajanna Sircilla District

3. One CC to SRl. T SURYA SATISH Advocate [OPUCI 4, One CC to SRI KISHORE RAO PUSKURU (SC FOR I.S ZILLA PARISHADS) tr)pt ta'l

5. One CC to SRI THIX/MARAJU RAI\4CHANDRA RAO I'o rocate IOPUCI . :,a&!rrtairr' ' t:.,,:aaa, .t/ - r.':;:: l, ' I 6 rwo CCs to GP FOR PANCHAYAT RAJ RURAL DEV 'High State of Telangana. [CUTI Court for the Two CD CoPies 7 KKS LS \cv HIGH COURT 1 DATED:0410812025 & t ,. F,|}1. ' Ol \.. 1\r .r/-tl -J:. \1 ORDER WP.No.3948 ot 2025 2:l IitP 2025 \,i.. \j \-.,i..\\-. DISPOSING THE WRIT PETITION WITHOUT COSTS l i I l , ! i I I : .deq.b ro- ) Kff