1. Gandhi Nagar Vinayaka Bhaktha Mandali v. The State of Telangana

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 pprmit me as PARTY-IN-PERSON (Kolan Srinivas, Law Graduate and N/BA PG Degree Holder). lA NO: 1 OF 2024 Petition under Section 'l 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant STAY of demolition of the petitioner's Vinayaka Mandapam i.e., Gandhi Nagar Vinayaka Bhaktha Mandali, situated at Narayanagiri Village, Dharmasagar Mandal, Hanumakonda District, without following due process of law, pending disposal of main writ petition. lA NO: 3 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 punish the respondents 3 to 6 about the itlegal demolition of the Vinayaka Mandapam i.e., Gandhi Nagar Vinayaka Bhaktha Mandali, situated at Narayanagiri Village, Dharmasagar Mandal, Hanumakonda District on early hours of 14.02.2024 at about 03.00 am onwards wherein the writ petition is listed for hearing on 14.02.2024 by directing the respondents 3 to 6 to construct the said Vinayaka Mandapam immediately. lA NO: 2 OF 2024 -,1 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 directing the respondents 3 to 6 to appear before this Hon'ble Court about the illegal demolition of the Vinayaka Mandapam i.e., Gandhi Nagar Vinayaka Bhaktha Mandali, situated at Narayanagiri Village, Dharmasagar Mandal, Hanumakonda District on early hours of 14.02.2024 at about 03.00 am onwards wherein the writ petition is listed for hearlng on 14.02.2024. lA NO: 6 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 Respondents No's. 1 to 6, to demolish the illegal Constructions, without Splbacks and additional floor construction etc., in :he same lane, as per the Com p la int. lA NO: 4 OF 2024 Between: M.Kishan Kumar Goud, S/o.Late Rajaiah, Aged about 45 years, occ: Advocate' Rl/o.H.No.2-29, Gandhinagar, Narayanagiri Dharmasagar Mandal, Hanmakonda District. ...PETITIONER/PROPOSED RESPONDENT No.7 AND 1 1 2 J 4 5 b Gandhi Nagar Vinayaka Bhaktha Mandali, Rep by devotee, Dgyarqpgyl^a Sudhakar S7o. Veeraswamy, aged 45 years, Occ. Business, Wo. H No. 2-138, Narayanagiri Village, Dharmasagar [t/andal Hanumakonda District ...RESPONDENTMRIT PETITIONERS The State of Telangana, rep by its Prl. Secretary, Panchiryat Raj, UandE Department. Secretariat, Hyderabad The District Collector, (panchayat raj wing) Hanumakonda District The District Panchayat Officer, Hanumakonda, Hanumakonda District The Mandal Praja Parishad Development Officer, Dharmasagar Mandal, Hanumakonda District The Mandal Praja Parishad Officer, Rep by Karnakar Reddy, Dharmasagar Mandal, Hanumakonda District Narayanagiri Grampanchayat, Rep by its Secretary, J. Raghu Narayanagiri Grampanchayat, Dharmasbgar Mandal Hanumakonda District ...RESPONDENTS/RESPONDENTS 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 permit me to implead in W.P.No.3837 o't 2024 as respondent No.7 in the interest of justice. Counsel for the Petitioner : SRI K.BUCHI BABU Counsel for the Respondents No.1to5: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondents No.6 : SRI K.PRADEEP REDDY, SC FOR GP W.P.No.9709 OF 2024 2 Between: s1 Ramreddy Vallaputeddy, S/o. V.Ravinder Reddy, Aged about 47 years, Occ . Employee, R/o.H.No.2138, Narayanagiri Village, Dharmasagar Mandal, Hanumakonda District. Vallapureddy Ramadevr, W/o. V.Ravinder Reddy, Aged about 63 years, Occ. MPTC, Fl/o. Narayanagiri Village, Dharmasagar IVtandal, Hanumakonda District. Dabbeta Ramakrishna, S/o. D. Kattamallu, Aged about 22 years, Occ Unemployed, R7o. H.No.5-56, Narayanagiri Viilage, Dharmasagar lVlandal, Hanumakonda District. 3

4. Gante Krishna, S/o. Gante Agriculture, Rl/o. H.No.3-8, Hanumakonda District. Gandhi Nag-ar Vinayaka Bhaktha Maandali, Rep., by Devotee Devaruppula Sudhakar, S/o. Veeraswamy, Aged about 45 yeais, Occ. Business,'R/o H.No2138, Narayanagiri Village, Dharmasagar t\,4andal, Hanumakonda District.. Aged about 35 years, Village, Dharmasagar Komuraiah, Narayanagiri Occ Mandal, 5 AND ...PETITIONERS eS dE 1 Th tate of Telangana, Rep. by its Principal Secretary. Panchayat Raj and U Department, Secretariat, Hyderabad, Telangani-500063.' 2. The District Collector, Panchayat Raj wing, Hanumakonda District. 3. The Revenue Divisional Officer, Dharmasagar Mandal, Hanumakonda District.

4. The Mandal Revenue Officer, Dharmasagar Mandal, Hanumakonda District 5. The Dishict Panchayat Officer, Hanumakonda District, Telangana. 6. T.he Man.dal Praja Parishad Development Officer, Dharmasagar Mandal, Hanumakonda District.

7. The Mandal Praja Parishad Officer, Dharmasagar Mandal, Hanumakonda District.

8. Narayanagiri Grampanchayat, Rep., by its Secretary, J. Raghu Narayanagiri Grampanchayat, Dharmasagar Mandal, Hanumakonda Dislrict.

9. The Commissioner of Police, Warangal Police Commissionerate, Warangal District, Telangana.

10. The Station House Officer, Dharmasagar Police Station, Dharmasagar lVlandal, Hanumakonda District. ...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 a Writ, order or direction more particularly one in the nature of a Writ of mandamus, declaring the inaction of respondents in allowing the petitioners tg construct temporary structure at Gandhinagar Circle. Narayanagiri Village for the purpose of celebrating and performing religious rituals after installing idols and performing Poojas during religious festivals, as illegal, arbitrary and in violation of Article 19, 21 , 25 to 30 of the Constitution of lndia and consequently direct the respondents to allow the petitioners to construct temporary structure for celebrating religious festivals at Gandhinagar Circle, Narayanagiri Village. IA 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 Respondents to permiUallow the petitioners to install/construct tin shed at Gandhinagar Circle, Narayanagiri Village for the purpose of performing Ramnavami Puja on 17.O4.2024, pending disposal of the Writ Petition. Counsel for the Petitioner : SRI MOHD BASEER RIYAZ Counsel for the Respondents No.1to7: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondents No.8 : SRI K.PRADEEP REDDY, SC FOR GP Counsel for the Respondents No.9&10 : GP FOR HOME The Court made the following: COMMON ORDER THE HONOURABLE SMT. JUSTTCE T' MADIIAVI DEVI WRIT PETITIONNO .3837 0B 2024 AND WRIT PETITION NO.9 709 0B 2024 COMMON ORDER Both these Writ Petitions are filed against the action of respondents No.3 to 6 in W.P.No.3837 of 2}24lrespondents \o'5 to 8 in W.P.No.9709 ol 2024 in demolishing the Vinayaka Mandapam of Gandhi Nagar Vinayaka Bhaktha Mandali situated at Narayanagiri Village, Dharmasagar Mandal, Hanumakonda District without notice on

06.02.2024 as illegal and arbitrary and against principles of natural justice and to direct the respondents to allow the petitioners to construct temporary structure for celebrating religious festivals at Gandhinagar Circle, Narayanagiri Village and to pass such other order or orders'

2. Brief facts leading to the filing of both these Writ Petitions are that the petitioners in W.P.No.3837 of 2024 claim that Vinayaka Mandapam of Gandhi Nagar Vinayaka Bhaktha Mandali situated at Narayanagiri Vi llage, Dharmasagar Mandal, Hanumakonda District (for I 2 W.P.Nos.3837 & 9709 of 2024 ':.^,.:. short, 'the Mandapam') was established and developed since long time and every year at the time of Ganesh Mahostavam, they are celebrating the Ganesh festival and conducting various programmes and for the purpose of safeguarding the idol of Ganesh due to iain and bad weather, the Mandapam was established in the Village and it was adjacent to the bus stand centre without any inconvenience to the general public or any officials. It is submitted that on 06.02.2024, the respondents along with police came to the premises and tried to remove the Mandapam about

12.00 p.m. to 1.00 p.m. and tried to forcibly remove the Mandapam structures and all the villagers and devotees have protected the Mandapam and had shown the respondents that the Mandapam was established long back and that it is not causing any inconvenience to any others. Seeking protection of the Mandapam and to prevent the respondents from taking any coercive steps against the said property, W.P.No.3837 of 2024 has been filed.

3. It is submitted that after the Writ Petition in W.P.No.3837 of 2024 has been hled, the respondents highhandedly and without any notice to the writ petitioners or any other persons, in the early hours, i.e., at 3.00 a.m. of 14.02.2024, have removed the Mandapam and the material I | \r. 3 W.P-Nos.3837 & 9709 of 2024 including the generator were all taken away. Bringing the same to the notice of the court and challenging the action of demolishing the Vinayaka Mandapam, I.A.No.3 of 2024 was filed in W P'No'3837 of

4. Thereafter, W.P.No.9709 of 2024 was also filed seeking a direction to the respondents to permit the petitioners to construct temporary structure at Gandhinagar Circle, Narayanagiri Village for performing religious rituals for the purpose of Srirama Navarni festival which was due in a few days thereafter. 5'onissuanceofnotices'someoftherespondentshavefiledtheir counter affidavits and Narayanagiri Youth Association also got impleaded in W.P.No.383 7 of 2024 as the 2nd petitioner'

6. Respondent No.3 in W.P.No.3837 of 2024 has hled a counter affidavit stating that they have received a complaint flom one M' Kishan Kumar Goud on 15.10.2020 stating that the stage which is built near Gandhi Statue for Ganesh festival was initially built as a temporary structure and subsequently, it was built permanently and the nearby house owner has built a sit-out adjoining the stage and therefore, it was 4 w.P.Nos.3E37 & 9709 of 2024 causing inconvenience to the villagers and the permanent stage and the sit-out are being utilized for illegal activities. It is submitted that on receipt of the said complaint, an enquiry was got conducted and a report was submirted on 31.10.2020 and vide letter dt.20.l 1.2020, the Mandal Panchayat Officer has reported that neither the Mandapam nor the sir out is coming on to the road area and are neither obstructing nor causing any convenience. Further, it was also stated that the concemed Gram Panchayat was instructed to take steps to prevent illegal activities on the said Mandapam. In spite of the same, respondent No.5 submitted that the Mandapam as well as the sit-out are unauthorized constructions by encroaching the road and therefore, instructions were issued to the Panchayat Secretary and Sarpanch of Gram Panchayat, Narayanagiri Village, Dharmasagar Mandal to remove the unauthorized construction, and under the supervision of the Mandal Panchayat Officer, MPP Dharmasagar, the said encroachments were removed. It is stated that the repofi of the Mandal Panchayat Officer, MMP Dharmasagar dt.15.10.2020 is in collusion with the house owner and therefore, it is a false report. It is further submitted that under the instructions of the District Panchayat Officer, Warangal, vide Memo No.1089/4312020, t 7I.ZO.|Z.ZOZO, the unauthorized constructions were removed. It is \ 5 W.P.Nos i8l7 & 9709 of 2024 further submitted that there is no registered Vinayaka Bhakta Mandali in the village and that though the stage was used for seiling of vegetables in day time, other illegal activities were done during night time by putting cuftains around the stage. He placed reliance upon Rule 33 of G.O.Ms.No.67 il.26.02.2002 (l,ayouts & Building Rules) in case of unauthorized constructions and submitted that the District Panchayat Officer or his officers may take suitable action including demolition of ' unauthorized works. Thus, respondent No'3 has justified the action of removal of the Mandapam and also the sit-out.

7. Respondent No.6 in his counter affidavit has, however, denied that he was in any way involved in removal of the Mandapam though it was reiterated that illegal construction was raised on the Gram Panchayat road.

8. Leamed counsel for the petitioners in W.P'No.9709 of 2024 reiterated the submissions made by the writ petitioners and submitted that the said Mandapam was built long ago and all religious festivals such as Ganesh festival, Sri Rama Navami or Dasara festivals were all being celebrated at the same place and without an1' notice, the said strucyp has been demolished and the belongings of the petitioners were I 6 W.P.Nos.3837 & 97O9 of 2024 taken away and this has caused huge loss to the petitioners. He submitted that a police complaint has also been lodged, but no action has been taken to locate the missing articles.

9. Having regard to the rival contentions and the material on record, this Court frnds that it is admitted by all the parties that, Vinayaka Mandapam Stage has been set up around 15 years back and celebrations are being held thereon and when there are no celebrations, the Mandapam is being used by the villagers to sell vegetables. When such is the case, even though it is an unauthorized structure, the respondents ought not to have taken steps to demolish the same without following the due process of law. The report of the Mandal Panchayat Officer, MPP Dharmasagar is in favour of the petitioners, wherein there is reference to the report of District Panchayat Officer, Warangal that the structure is unauthorized. Even from the photographs filed along with the Writ Petitions, it is noticed that it is not a big platform which has been constructed, but it is a small platform in front of the house abutting the road and it is not causing any inconvenience to any person and also is being used for shelter for the people to sit. In such a scenario, the I ) 7 W.P.Nos.l837 & 9709 of 2024 report of the District Panchayat Officer, Warangal that it is causing inconvenience to the public, cannot be sustained.

10. The Party-in-person representing the 2"d petitioner W.P.No.3837 of 2025 submitted that the comllainant Mr. M.Kishan Kumar Goud has also constructed a house in the very same line and he I also made unauthorized constructions and therefore, action should be taken against his constructions as well. However, this Court finds that there is no challenge to the constructions made by the said complainant and he is not a parry to the Writ Petition. Therefore, no direction can be given in that regard.

11. Having regard to the fact that the subject Mandapam was in existence for a long period as evident from the photographs and there is no inconvenience caused to any person, this Court deems it fit and proper to direct the respondents to permit the petitioners to make a representation for reconstruction of the Mandapam at the relevant place at their own cost and the respondents shall not cause any hindrance or obstacle to the same. The respondents are also directed to hand over the generator which has been taken away at the time of demolition of the Mandapam. I 11 I I I I 8 W.P.Nos.3E37 & 9709 ot2024

12. With the above directions, these Writ Petitions are disposed of. No order as to costs.

13. Pending miscellaneous petitions, if any, in these Writ Petitions including I.A.Nos.3 and, 4 of 2024 shall stand closed. //TRUE COPYII SD/.MOHD. ISMAIL TANT REGISTRAR ASSI ECTION OFFICER nt. Secretariat, State of To,

1. The Prl. Secretary, Panchayat Raj, UandE Depa Telangana, Hyderabad

2. The District Collector, (panchayat raj wing) Hanumakonda District 3. The District Panchayat Officer, Hanumakonda, Hanumakonda District 4. The lvlandal Praja Parishad Development Officer, Dharmasagar Mandal, Hanumakonda District Mandal, Hanumakonda District

5. The Mandal Praja Parishad Officer, Rep by Karnakar Reddy, Dharmasagar 6- The Secretary, J. Raghu Narayanagiri Grampanchayat, Narayanagiri 7. The Revenue Divisional Officer, Dharmasagar Mandal, Hanumakonda Grampanchayat, Dharmasagar Mandal Hanumakonda District District. B. The Mandal Revenue Officer, Dharmasagar Mandal, Hanumakonda District 9. The Commissioner of Police, Warangal Police Commissionerate, Warangal District, Telangana.

10.The Station House Officer, Dharmasagar Police Station, Dharmasagar Mandal, Hanumakonda District.

11.One CC to SRl. K BUCHI BABU Advocate [OPUC] 12.fwo CCs to GP FOR PANCHAYAT RAJ RURAL DEV ,High Court for the '13.Two CCs to GP FOR HOME, High Court for the State of Telangana at State of Telangana. [OUT] Hyderabad. [OUT]

14.One CC to SRI K.PRADEEP REDDY, SC FOR GPPS. IOPUC] 1 5. Two CD Copies. BSK ,r GJP ,krfi, t )./"'' \ L HIGH COURT DATED:0310312025 COMMON ORDER WP.No.3837 of 2024 & WP.No.9709 of 2024 () U ;\l t Idt SIAi e 05l\AY 206 t !fsoarcH $ DISPOSING OF THE WRIT PETITIONS WITHOUT COSTS e6 9l