Smt. Enaganti Aruna v. 1. The State of Telangqna

8. Geesagoni Srinivas, S/o. Chokkaiah, Aged 35 years, Occ. Agriculture, Rl/o Kamanpur Village and Mandal, Peddapalli District.

9. Thadagoni Swarupa, Wo. Subhash, Aget- 3.0 years, Occ. Agricuiture,Kamarrnn Village and Mandal, Peddapalli District r ,{" ...RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated iin -lhe affidavit filed therewith, the High Court may be pleased to issue a Wril, Order or Direction, more particularly, one in the nature of Writ of Mandamus, directing the Respondents No.2 to 4 not to grant permission to the Respondents No.5 and 6 for construction of house over tr ) petitioner s land in Sy.Nos. 12lB and 14C12, admeasuring Ac.0-12 Gts. r rd Ac. 0-05 Gts., respectively, situated at Kamanpur Village and Mandal, Pedc I palli District. lA NO: 1 OF 2024 Petition under- Sectron 151 CPC praying that in the cir: rmstances stated in the affidavit filed in support of the petition, the High Cour. may be pleased to direct the Respondent No.2 to 4 to dispose of the represent;r ion of the petitioner dated 01-09-2023, pending disposal of Writ Petition. Counsel for the Petitioner : SRI THIMMARAJU RAMCHANDF A RAO Counsel for the Respondents No.1to3 : GP FOR PANCHAY,a f RAJ RURAL DEV Counsel for the Respondents No.4 : SRI K.PRADEEP REDE,' , SC FOR GP Gounsel for the Respondents No.5to9 : SRI L.VENKATESHI^ AR RAO W.P.No.31156 OF 2025 Between: Smt., Enaganti Aruna, W/o. Rammohan Rao, Aged.56 years, rl;c. Household, Rl/o. Kamanpur Village and Mandal, Peddapalli District. ..,PETITIONER AI.ID 1 2 4 E The State of Telangana, Rep. by its Principal Secretary, r lnchayat Raj and Rural Development, Secretariat, Hyderabad. The District Panchayat Oflrc6r,-Peddapalli District, PeddaI alli. The Divisional Panchayat Officer, Manthani, Peddapalli tri ;trict. The Panchayat Secretary, Grampanchayat, Kamanpur, B i manpur Mandal, Peddapalli District Ambati Mangeshwari, W/o. Kanakaiah, Aged - Majo, Occ llousehold, R/o. Kamanpur viltage and Mandal, Peddapalli District. Petition under Article 226 of lhe Constitution of lndia traying that in the circumstances stded in the affidavit filed therewith, the ll gh Court may be pleased to issue alWot,.Order or Direction, more particularly, r ne in the nature of Writ of Mandamus, declaring the action of the Respo I lent No.4 in not .RESPONDENTS implementing. the Notice-3 bearing No. 44lGP/KPR12025, dated 10-06-2025, issued to the 5th respondent, as illegal, arbitrary, u nconstitutional, and against the principles of natural justice, and consequently, direct the 4th respondent to implement the Notice -bearing No.44lGWKTRl2O25, daled 10-06-202-5, and take action against the illegal construction of the respondent. lA NO: 1 OF 2025 ,l 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. 4. to implement the Notice-3 bearing No. 44IGP/KPRI 2025, dated 10-06-2025, issued,to the sth respondent, pending disposal of Writ Petition. lA NO: 2 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 the Respondent No.4 'to dispose of the petitioners representation dated 04-10- 2025, pending disposal of Writ Petition. Counsel for the Petitioner : SRI THIMMARAJU RAMCHANDRA RAO, Counsel for the Respondents No.1to3 : GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Rebpondents No.4 : SRI K.PRADEEP REDDY, SC FOR GP Counsel for the Respondents No.5 : The Court made the iollowing: ORDER I ;i !:? THE HONOURABLE SMT JUSTICE T.MADHI .\/I DEVI w.P.NO. 7359 0F 2024 AlrD W.P.NO.3115 6 0F 2025 coMMON ORDER: In both ol these writ petitions, the comm -t is that the unofficial respondents i.e., respon<l l grlevance rnt No.7 in W.P.No.7359 ol 2024 (u'ho is respondetr No.5 in W.P.No.31156 ol 2025), is making constntt'ri rn rvithout obtaining anl permission lrom the authorities'

2. I-earned Standing Counsel for Panchal-at has relicd upon the averments 1l the Gram a de in the counter affidavit.

3. Lerarned counsei appearing for t lr : unofficial respondent No.7 (who is respondent No.5 in \\. P.No.31156 of 2025\ has filed before this Court the r: I ries of the buiiding application submitted bv her on 14 I i.2O24 and stated that the same has neither been a< cepted nor rejected and it is still being sho'u'n as pending erncl under the deerning provision under Section 114(3) ol ,l-re Act, the restrondent No.7 (u,ho is respondent No.5 in V/ ,) P. No.3 1 156 2 o of 20251has started the construction' but on receipt of the impugned notice, the construction has been stopped' It is shown from the status of the building application' that it is shown as "undbr Process"'

4. In view of the above and in order to resolve the issue,thisCourtdirectstheofficialrespondentsto consider the buiiding application of the respondent No'7 (who is respondent No 5 in W P No'31 156 of 2025) and also to consider the objections of the petitioner herein and take a decision on the building application on merits rvithin a periocl of hfteen (15) days from the date of receipt of a copy of this order. It is further directed that respondents shall conduct a surve]-, if necessarr-l'' in order to resolve the survey number in which the petitioner as u"ell as the unofficiat respondent are disputing the location of the propert-\' and if such a survey is to be conducted' then the period for a decision is extendt:d b1' a further period of one (1) month. It is neediess to mention that both the parties are to be given a fair opportunity of hearing' ,/ 3

5. Accordingly, both the writ per tions disposed of. Tht:re shall be no order as to costs.

6. Miscellaneous petitions, if any, penr i rg in these ',r'n t petitions, shall stand closed. SD/- I' PONNA KRISHNA ASS|ti.ANT REGISTRAR G ;ECTION OFFICER /ITRUE COPY// To, 1 . The Principal Secretary, Panchayat Raj and Rural Devell rment Secretariat' i"tangan, State, l-lYderabad '

2. The District Panchfoat Officer' Peddapalli District' Pedd;r ralli' 3.TheDivisionalPanchayatofficer,Manthani,Peddapallil)strict. 4. The Panchayat Secretary, Grampanchayat' Kamanpur' ( rmanpur Mandal' PeddaPalli District' 5, ONC CC tO SRI THIMI\ilAHAJU RAMCHANDRA RAO' A'J 'OCAIC' IOPUC] 6. One CC to SRI L.VENKATESHWAR RAO' Advocate. [Crl 'UC] 7 Two CCs to GP FOR PANCHAYAT RAJ RURAL DEV II gh Court for the State of Telangana [OUT] B One CC to SRI K PRADEEP REDDY' SC FOR GPPS l( PUCI L Two CD CoPies BSI(PMK h-,-,,. I HIGH COURT DATED:0611112025 COMMON ORDER WP.No.7359 of 2024 & WP.No.31156 of 2025 iitE lj I c\' t) t tt': 2925 J UI t 't -.:-:---5- ,? .\\r i DISPOSING OF THE WRIT PETITIONS WITHOUT COSTS 1 dr- a//- \ L