✦ High Court of India · 29 Jul 2025

The High Court · 2025

Case Details High Court of India · 29 Jul 2025
Court
High Court of India
Decided
29 Jul 2025
Bench
Not available
Length
1,183 words

7. tvlanegalla Srikanth, S/o ftrlanegalla Balaiah, aged about 29 years, Occ . Business, Fl/o Pedda Shivunoor Village, Chegunta Mandal, Medak District 502255' ...RESP.NDENTS 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 particularly one in the nature of WRIT OF CERTIORARI by call for the records pertaining to the Letter No. 06.iNotice/2024 dated 16.02.2024 issued by the Respondent No.5 and declare the same is illegal, irregular, unjustifiable, un-acceptable, unlawful and arbitrary also against the clear violation of Article 14 and 300-A of Constitution lndia together with deliberate violation of Principles of Natural Justice by declaring that the Petitioner is entitled to get permission for the ongoing construction upon the Y house premises No. 2-16 of Pedda Shivunoor Village, Chegunta fi/andal, Medak District as per the Telangana Panchayat Raj Act and Rules. lA NO: 1 OF 2024 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 the Respondent No. 5 authority that not to cause any sort of disturbances with the Petitioner house construction activities till disposal of the present writ Petition. lA NO: 2 OF 2024 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 the Respondent No. 3 to 5 authorities that not to take any coercive actions or steps against the Petitioner house construction activities till disposal of the present Writ Petition. Counsel for the Petitioner: SRI BHAGAIAH.S Counsel for the Respondent Nos.1 & 3: Gp FOR PANCHAYAT RAJ & RURAL Counsel for the Respondent No.2: GP FOR REVENUE Counsel for the Respondent No.5: SRI K.PRADEEp REDDY, SC FOR DEV Counsel for the Respondent Nos.6 & 7: -- GRAM PANCHAYATH The Court made the following: ORDER w t-1 THE HON'BLE SMT. JUSTICE T. MADHAVI DBVT WRIT PETTTIO N No.5294 of 2024 ORDER: This Writ Petition is hled seeking a Writ of Certiorari to call for the records pertaining to letter No.06/Notice/2024 dated 16.02.2024, issued by respondent No.5 and to declare the same as illegal and arbitrary.

2. Learned counsel for the petitioner submitted that the petitioner's husband was the owner of the house bearing No'2- 16 of Pedda Shinrnoor Village, Chegunta Mandal, Medak District, and after his death, the petitioner has made an application for mutation of her name as the owner and also has made an application for permission to construct a building in the subject propefty by paying the requisite fee' The grievance of the petitioner is that the respondents have issued a letter dated 16.02.2024 rejecting the application of the petitioner for construction permission on the ground that her name is not reflected as the owner of the property. Therefore, the petitioner is seeking a direction to the respondents to consider the said application'

3. Leamed Standing Counsel for Gram Panchayat' appearing for respondent No.5, has obtained written instructions' to the effect that 2 TMDJ wp_5294_2024 the application of the petitioner made through e-panchayat portal for mutation of her name as well as the amount paid was not credited to the Gram Panchayat account and was reverted to the petitioner for the reasons best known. It is submitted that the petitioner,s name therefore could not be mutated in the Gram panchayat records and the application for building pemrission can be considered only after such mutation. A copy of the written instructions has also been fumished before this Court. Leamcd Standing Counsel subrnitted that if the petitioner submits a lresh application through the e-panchayat portal for mutatior-r of her name and lor building permission, the same would be considered and appropriate orders would be passed.

4. Leamed counsel for petitioner submitted that the petitioner would makc a fresh application within a periorl of fifteen (15) days from the date of receipt of this order, along with the requisite fee and prayed to direct the respondents 1o consider the same expeditiously.

5. Having regard to the rival contentions and the material on record, this Court deems it fit and proper to dispose of this Writ Petition with liberty to the petitioner ro submit a fresh application, along with all the relevant documents and the requisite fee, to the I I i i To 3 TMDJ wp_5294_2024 Gram Panchayat for mutation of her name in the Gram Panchayat records in respect of the subject property, within a period of hfteen (15) days from the date of receipt of a copy of this order and on receipt of the same, the respondents are directed to consider the application and pass appropriate orders within a further period of fifteen (15) days thereafter. The petitioner may, thereafter, make an application for building permission and the respondents shall consider the same in accordance with law and pass appropriate orders expeditiously, preferably, within a period of one (01) month from the date of such application.

6. With the above directions, this Writ Petition is disposed of There shall be no order as to costs. 7 Miscellaneous applications, if any, pending in this Writ Petition, shall stand closed //rRUE coPY/, SD/-M. OSMAN ALI BAIG Assrsrenr REGISTRAR ./ l. .ecrp1"Srrrcen

1. The Principal Secretary, Panchayat Raj D-epartment' Govt of Telangana' l*:'['slltiz:"*r.:,t'l*;;',,,:,ryff1,i]?^3:,:ft1;;%":?"':'%1,0! 3 The District Panchavat itifi]iH'rtilt'o]ttiitt' rr'r"oir' Telangana state - o ??'""$3"orl Panchayat officer' Chegunta Mandal' lriledak District' Telangana , ?ii?;i3fr 3irsi s"","*r r, pedda shivu noor _Grampanchayat, c i*:3:.'".Ti'S.dSlU:^1X'f:S!lfRt'3h' o'u' High court ror the . ?r:""%J?i%riaf '#',iE[,liE"*''niti,n for the state of reransana, at tVlandal. t\/edak Drstrtct ielangana State-- 5-02255 chesunta HYderabad. [OUT] 9, One CC tO SRI K,PRADEEP REDDY, SC FOR GRAIV1 PANCHAYATH [oPUC] 1 0. Two C D Cop ies PSK I-S W \ I t t t I HIGH COURT DATED:2910712025 ORDER WP.No.5294 of 2024 / \:- J L J, + .\ '4) 4' ql- Pzffi 02 . \, -4 .,.1 ,.- t ,/ DISPOSING OF THE WRIT PETITION WITHOUT COSTS q L{

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