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 particularly one like writ of mandamus declaring the inaction of the respondents more particularly respondent Nos.2 to 5 herein in demolishing and taking action against the illegal construction being carried out by respondent Nos.6 and 7, in land admeasuring Ac.00.03 Guntas, in Sy.No.406/4,4, situated Vennached Village, Gandeed [\/andal, tVlahbubnagar District, without having any building permission and that too in violation of court orders, despite petitioner herein addressing detailed representation dated 27 -03-2024, as illegal, arbitrary, in violation of articles 14, 21, and 300-4 of the constitution, in violation of principles of natural justice, besides being in violation of the Panchayat Act and the law laid down by this Hon'ble Court and to consequently direct the respondent Nos.2 to 5 herein to forthwith, take action against the illegal construction being carried out by respondent Nos.6 and 7, in land admeasuring Ac.00.03 Guntas, in Sy.No.406/AA, situated Vennached Village, Gandeed Mandal, lvlahbubnagar District. lA NO: 1 OF 2024 Petition under flection 151 CPC praying that in the circumstances stated in the affdavit filed in support of the petition, the High Court may be pleased to direct the respondents Nos.2 to 5 herein forthwith, take action against the illegal construction being carried out by respondent Nos.6 and 7, in land admeasuring Ac.00.03 Guntas, in Sy.No.406/44, situated Vennached Village, Gandeed Mandal, Mahbubnagar District, pending disposal of the above WP. Counsel for the Counsel for the Petitioner: SRI KATIKA RAVINDER REDDY Respondent Nos.1 TO 3 & 5: GP FOR PANCHAYAT RAJ & RURAL DEV Counsel for the Respondent No.4: SRI P.KISHORE RAO, SC FOR GRAM Counsel for the Respondent Nos.6 & 7: SRI M.DURGA PRASAD PANCHAYATH The Court made the following: ORDER THE HON'BLE SMT. JUSTICE T. MADHAVT DEVI WRIT PETITION NO.9583 of 2024 ORDER: In this Writ petition, the petitioner is seeking a direction to the respondents to take action against the illegal construction made by the respondents No.6 and 7 in the land of the petitioner admeasuring Ac.00.03 guntas, in Survey No.406/AA, situated at Vennached Village, Gandeed Mandal, Mahabubnagar District and to pass such other order or orders in the interest ofjustice.

2. Leamed counsel for the petitioner submitted that the petitioner's mother is the absolute owner and possessor ol the land admeasuring Ac.0.20 guntas, in Survey No.406/AA, situated at Vennached Village, Gandeed Mandal, Mahabubnagar District and her name is'also recorded in the revenue records. The petitioner's mother has tiled O.S.No.580 of 2022 before the Civil Court and there was an interim direction in I.A.No.58012022 against the defendants therein i.e., respondents No.6 and 7 herein from interfering with the peaceful possession and enjoyment of the petitioner's mother propert),.'lhereafter, the unofficial respondents --/ I I \ 2 TMDJ wp_9583 _2024 have trespassed into the petitioner's family land and started raising illegal construction i.e., without obtaining any permissions from the concemed authorities and therefore, the petitioner gave a detailed representation on 27.03.2024 to the official respondents, but no action was taken and the respondents No.6 and 7 u,ere continuing to make the construction and therefore, the petitioner has filed the present writ petition.

3. 'lhe respondent No.4 has filed a counter affidavit and also additional counter affidavit stating that one Begurn Sadaka and Mohd Qursheed made two applications dated 25.03.2022 for construction p;mission in the subject propefty, but the same were rejected on 28.03.2022 as layout plan was not subrnitted. Thereafter, or1(l person by name Begum Shameem, who is the wife of respondent No.6 herein and mother of respondent No.7, had made applicatron dated 03.10.2023 and one Mohd Qursheed had made two applications dated 02. 10.2023 for building perrnission in the subject land and the same were also reiected on 16. 10.2023 as NALA permission and layout copy were not subrnitted and no other applications were made thereafter by the respondents No.6 3 TMDJ wp_9583 2024 and 7 herein. It is submitted that the rejection order is updated online and the same is in the knowledge of the respondents No.6 and 7.

4. Though the respondent Panchayat Raj Depaftment has not filed counter affidavit, learned government pleader has forwarded the copy of the repon of the Collector dated 27 .06.2024 and according to the same, he has visited the site land and made enquiries and has observed that the petitioner as well as respondents No.6 and 7 have registered documents in their lavour with regard to Plot Nos. I4lA and 14tB and also 20 guntas in Survey No.406 of Vennached of Gandeed Mandal and furrher submitted that neither the petitioner's mother nor her vender were in possession of the subject land and that the petitioner has not been able to frnd out the exact location of her land and therefore, the respondents cannot be said to have encroached the petitioner's land in Surwey No.406 of Vennached Village of Gandeed Mandal.

5. Leamed counsel for the respondents No.6 and 7 has relied upon the averments made in the counter aflidavit and has also filed the written synopsis in support of their contentions and \./ l I I \ 4 TMDJ wp-9583_2024 according to the same, the respondent No.7 has made application for constructic,n pennission and since they were not rejected, under the deemed pernrission of the Act, the respondents No.6 and 7 have cornpleted the construction and that they were not aware of the rejection of tl.r,:ir applications by the authorities.

6. Having regard to the rival contentions and the material on record, this Court finds that the ownership or otherwise of the petitioner's nrothcr and the respondents No.6 and 7 over the subject plots is not in issue before this Court. The issue is vrhether the respondents \o.6 and 7 are making construction with or without permission fi'om the concemed authorities. It is the stand of the authorities that thc applications of the respondent No.T and other persons who have made applications for building permission in the subject land Lave been rejected by the authorities ancl the same have also been uploaded and the respondents No.6 and 7 are aware of the said rejection orders. When there is no pemrission for making construction, the official respondents ought to have taken immediate action of stopping the construction, instead they seem to have remainerl nrute spectators. The respondents are therefore 5 TMDJ wp_9583_2024 directed to issue notices to the unofficial respondents and take action in accordance with law under Section I l4 of the Panchayat Raj Act. The action shall be taken within a period of two (2) months from the date of receipt of a copy of this order. This order is without prejudice to any of the contentions raised by either parties about the title or ownership of the property.

7. Accordingly, this Writ Petition is disposed ot-. -lhere shall be no order as to costs.

8. Miscellaneous applications, if any, pending in this writ petition, shall stand closed. //TRUE COPY// SD/-K. AMMAJI DEPUTY REGISTRAR / SECTION OFFICER evelopment), Secretariat, The Principal Secretary (Panchayat Raj and Ru Hyderabad, State of Telangana. The District Collector, Mahbubnagar District. Gandeed Mandal, Mahbubnagar District. . The District Panchayat Officer, Mbhbubnagar District. . The Panchayat Secietary, Vennached Grampanchayat, Vennached Village' . The Mandal Panchayat Officer, GandegQ llqndal, Mahbubnag-qr District. . one cc to sRl KATiKA RAVINDER REDDY, Advocate [OPUC] . Two CCs to GP FOR PANCHAYAT RAJ & RURAL DEV, High Court for the . one cc to sRi P.KISHORE RAO, Sc FOR GRAM PANCHAYATH [OPUC] . One CC to SRI M.DURGA PRASAD, Advocate [OPUC] 0.Two CD Copies State of Telangana, at Hyderabad. [OUT] To I 2 ,) 4 ( 7 o I 1 PSK. KKS V ! t .) c o l)2, rnE SI4i€ 17 jull M OF sPA.T cH60 ,)\.f i HIGH COURT DATED:3010412025 ORDER WP.No.9583 of 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 6 b