The High Court · 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed irr support of the petition, the High Court may be pleased to stay all further proceedin(, rn demolitron notice Rc.No.P2lillegal Const-uctioni'l 1t2O2S, dated -03-2025 inr:luding the demolition of H.No.7-1-7211, admeasuring 75 Sq.yards, situatecl at Thatagudi Centre, Badhrachalam Villag = and Mandal, Bad rad ri-Kothag uc am District, in the interest of justice. Counsel for the Petitioner : SRI SUDARSHAN MALUGART Counsel for the Rr:spondents No.1 : GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondents No.2 :SRl K.PRADEEP REDDY, SC FOR Gp Counsel for the Respondents No.3 : GP FOR REVENUE c Counsel for the Rerspondents No.4 : -- The Court made the following: ORDER THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.79OZ of 2o25 ORDER: This Writ Petition is filed challenging the notice dated -.03.2025 directing the petitioner herein to remove the construction made in the premises of H.No.7-l-72/7, admeasuring 75 square yards, situated at Thatagudi Centre, Badhrachalam Village and Mandal, Badradri- Kothagudam District, in accordance with the directions of this Court in W.P.No.27552 of 2Ol9 as illegal and arbitrary and against the principles of natural justice and to quash the same in the interest of justrce.

2. Learned counsel for the petitioner submitted that though the petitioner was not served with any notice, the impugned notice was given and though it is named as notice, there is a direction to remove the illegal structure and therefore, it is in violation of principles of natura-l justice. Learned counsel for the petitioner further submitted that the address of the petitioner is very much 2 TMD,J \\P:/9O7 2025 availabie irr all the relevant documents. Fr[owever, respondent No.5 herein, who is the petitioner in W.P.No.27"5112 of 2019, has given the incorrect address of the petitiorrer herein, (who was arrayed as resltondent No.S in \V.P.No.27552 of 2OI9) only to mislead this Court.

3. Learnr:l Standing Counsel for Gram panchayat, appearing fitr respondent No.2, is also heard.

4. Having regard to the fact that this Courl , while disposing ,rt'W.P.No.27552 of 2Ot9 on 2g.1O.2O2,:l at the admission stage, had directed the respondents thtrrein to issue notices to all the concerned and to take a decision in accordance with law, but the impugned notice js not a notice to t.-re petitioner herein to show cause as to why action shorrld not be taken, but it appears to be a notice for removal of the illegai structure. Therefore, ttre said notice is ir. c:lear violation of directions of this Crlurt in W.P.No.27S;5,_2 of 2019. \r\// ,/ 3 TMD,J wP 7907 2025

5. At this stage, learned Stand'ing Counsel for Gram Panchayat requested to treat the impugned notice dated -.Og.2O25 as show cause notice and requested that the petitioner may be directed to submit his explanation and thereafter, the respondents would take action in accordance with law. Learned counsel for the petitioner agreed for the 6 same. \ \ |..

7. Therefore, this Court deems it ht and proper to dispose of this Writ Petition at the admission stage' treating the impugned notice as a show cause notice for the petitioner to submit an explanation along with ail the relevant papers with regard to his right over the property within a period of 15 d'ays from the date of receipt of a copy of this order and thereafter, the respondents strall take a decision in this matter in accordance with law by giving an opportunity of hearing to both the parties' i'e'' the petitioner as well as respondent No'4' Till such time' 4 TMD,J wP-7907 _2025 the respondents are directed not to take anr., steps against the property of the petitioner. coerclve

8. Wil f the above directions, this Writ p,:tition is disposed oL There shall be no order as to costs. Miscelianeous applications, if any, pending in this writ petitior-r, shall stand closed. SD/-A. SRINIVASA REDDY ASSISTANT REGISTRAR //TRUE COPY// \ SEC'I'ION OFFICER I To, 1- The Princrpal Secretary, Panchayat Raj Department, Secretari:rt, State of Telangana, H Yderabad.

2.ThePanchayirt[]eCretary,Badhrachalam,BhadradriKothagudl:mDistrict, Badhrachaldnr liram Panchayat, Telangana.

3. The Tahsildar, Badhrachalam Mandal, Situated at Badhrachalam town, Bhadradri Kolhagudem District, Telangana.

4. One CC to Sttl SIUDARSHAN MALUGARI, Advocate lOPUCl 5. Two CCs to CiF' FOR PANCHAYAT RAJ RURAL DEV, High Court for the State of Tela ng a na. [OUT] 6 One CC to Sf{l K.PRADEEP REDDY, SC FOR GP,lvlP,ZP lOF'UCl T.TwoCCstoC;PFORREVENUE,HighCourtfortheStateofT€rlanganaat Hyderabad [t)tJT]

8. Two CD Copies BSK BS fKd..-- ,,/ HIGH COURiT DATED:1810312025 P ORDER WP.No.7907 of 2025 1; c o .l ?. / <\- 2m \',\ , .9s,'.:( f,! DISPOSING OF THE WRIT PETITION WITHOUT CI)STS I s' $ t\