High Court · 2025
Case Details
Acts & Sections
' il,61 lilririr"t, rvr"oDurrvVrris;'V;E;*. (,tlnoit, nansi Reddv District 2. Smt.Kamati Arunamma, w/o. Late srinivas *"olXi;rq33d - u6ii'i"r,"io, R/o. Nakkartha Medipallv Village, Y 3. Karnati Jogi Reddy, S/o. Late Venkat Reddy, Aged 69 vears' Occ Retired " iiii ir.pr6v6", r.rJir-"iri, rvr"Jipriry viridseJYacrrar'am Mandal, Ransa 4. Karnati Muthyam Reddy, S/o. Late Yadava Reddy, Aged 66 years' Occ ' i;;i;li*"/B,itin"t., nv'". r'rr1.1.irt|'i rrltedipatty Villlge,-Yacharam Mandal' |\J:"J:frSRrff: Reddy District -nyij. R,nga Reddy District ...pETr.oNERS AND 1. The State of Telangana, Represented pv its Prt Secretary' Panchayat Raj ' ;;iJ R,];;l D"velopm-ent, Secr'etariat, Hyderabad, T'S'
2. The Panchavath Secretary, Grampanchayath Office' Medipally Village' Yacharam Mdndal, Ranga Reddy District
3.TheMandalPrajaparishatofficer,officeoftt/andalPrajaparishat,Yacharam lvlandal, R.R. District District
4. The Tahsildar, Yacharam Mandal, Ranga Reddy District 5. Jaala Ramulu, sio. Late Beeraiah, Aged about 51 years, oqq Agriculture, Rl/o' " N;ki*i[; Me'aipiirv nirrage' ViCt arim Mandal' Rinsa Reddv Diskict years, occ Agriculture/Milk 6. Jala Mahesh, Sio. J.Ramulu, Aged about .31. " EG";;; RvJ. r.rr[r,rrtti rrl"oipatly vittage, Yachiram Mandal' Ranga Reddv 7. Jala Nagaraju, S/o. J.Ramulu, Aged about 29 years' ' r.rirtirtfiJ vJoiplrrv virrag;, Victriram Mandal, Ranga Reddv District 8. Kandhadi Srisailam, S/o. K.Anjaiah, Aged about,35 years, occ Agriculture, Rlio. Nakkartha rvreoipari/viriaga V"'ct'a"om ruandal, Hanga Reddy District 9. Kandhadi Manjula, W/o. Srisailam, Aged about.25 years' Occ Household' Rl/o' " i'i;ilk;;h;iGi-ipirrv viriuge,Yain'ardm Mandal, Ransa Reddv District Agriculture' Rl/o' -Occ ...RESPONDENTS 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 appropriate writ or order or direction more particr.rlarry one in the nature of writ of mandamus declaring the in action of the responcrent No.2 in not taking any action for removing the illegal constructions made on the village road of Nakkartha Medipaily Viilage, yacharam rvrandar, Ranga Re Jdy District by occupying the same, in pursuance of the notice dated o2-5-202e and g-7-2024, is wholly illegal, arbitrary and in vioration of principres of naturar justice and consequently direct the official respondents to take necessary act on to demolish the illegal constructions carried by the respondent Nos.5 to g, in the interest of justice. lA NO: 1 OF 2025 Petition under :Section i s1 cpc praying that in the circurrstances stated in the affidavit filed in support of the petition, the High court may be preased to direct the officiar respondents to take necessary action respondent Nos.S to g in pursuance of the notice dated: 02-5-2024 and g-7 -2024, in the interest of justice. Counsel for the Petitioner: SRI AVANCHA H.CHAKRAVARTHY counsel for the Respondent No.1: Gp FoR pANcHAyAT RAJ RURAL DEV Counsel forthe Respondent No.2: SRI K.PRADEEP REDDy, SC FOR GRAM PANCHAYAT Counsel forthe Respondent No.4: Gp FOR REVENUE The Court made the following: ORDER THI IIONOURABLE SMT JUSTICE T.MADHAVI DEVI ORDER: trr.P.NO. 7367 0F 2025 In this writ petition, the petitioners are seeking a writ of mandamus declaring the inaction on the part of the respondent No.2 in taking any action for removal of illega1 construction made on the village road of Nakkartha Medipally Village, Yacharam Mandal, Ranga Reddy District, by the unofhcial respondents as illegal, arbitrary and consequently to direct the of{icial respondents to take necessary action and to pass such other order or orders in the interest of justice'
2. Learned counsel for the petitioners submitted that the unofficial respondents No.5 to t have occupied the village road and have started making illegal constructions and initialiy the respondent No.2 has issued a notice dated Og.O7 .2024 for removal of such illegal construction, but thereafter no action has been taken by the respondents'
3. Learned counsel for the petitioners has drawn the attention of this Court to the representations submitted by the petitioners dated 22.07.2024 and l5O4'2O24 to tl:.e i I 2 respondentrl. He has also drawn the attention of this Court to another noti6g d21.4 02.O5.2024.
1. Learned Standing Counsel for Gram p;enchayat, though he had sought time to get instructions rn th.s matter, has not ber.n abie to do so tiii date.
5. In view of the fact that the respondent No.2 has alread1, issrred two notices to the unofhcial respondents and in spite of t he representations of the petitioners z Lrso with regard to tl-rr: said illegal constructions, no actron l ras been taken b1' the respondents. Therefore, this court cle(,ms it rlt and proper to direct the respondent No.2 to take z,.ction in accordance r,.ith law against the illegal construction, if any being made 1ty the respondents No.5 to 9. The respondent No.2 shall iss;ue fresh notices to the responclents N,:>.5 to 9 and after givrng them sufhcient opportunity of hearing as well as the petitic,ners herein, the respondent No.2 shzill pass orders and take action thereon. However, if the respondents No.5 to 9 d,t not respond to the fresh notice nov,, being rssued, the respondent No.2 shalr proceed to take a< tion in accordance uith 1aw without waiting any further. Thr entire I I \ \ 3 exercise shali be carried out within a period of one (1) month from the date of receipt of a copy of this order 6 Accordingly, the writ petition is disposed of' There shal1 be no order as to costs. 7 Miscellaneous petitions, if any, pending in this writ petition, shall stand closed. //TRUE COPY// SD/.P. CH. NAGABHUSHAMBA EPUTY REGTSTRAR SECTION OFFICER To, HYderabad, T.S-
1. The Prl. Secretary, Panchayat Raj and Rural Development' Secretariat' 2. The Panchayath Secretary, . 9tlftP9l"h'yath Office' Medipally Village' - iiiniri, Mdndal, Ransa Reddv District 3. The Mandal Prajaparishat Officer' Office of Mandal Prajaparishat' Yacharam Mandal, R.R.District
4. The Tahsildar, Yacharam Mandal, Ranga Reddy District 5. One CC to SRI AVANCHA H'CHAKRAVARTHY' Advocate [OPUC] 6. One CC to SRI K.PRADEEP REDDY' SC FOR GRAIU PANCHAYAT [OPUC] T.TwoCCstoGPFoRPANCHAYATIAJnunRlDEV,HighCourtforthe ' Si;i";ii.iingrn, at HYderabad [oUT] 8. Two CCs to GP FOR REVENUE' High Court for the State of Telangana at Hyderabad [OUT]
9. Two CD CoPies ?3" *y HIGH COURT DATED:01 10412025 ORDER WP.No.7367 ot Z02S 1HE S''a 14: 1 0 Rpl t;.r i o (.) ( * DISPOSING OF THE WRIT PETITION, WITHOUT COSTS t0lql*5