High Court · 2025

...RESPONDENTS Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue writ, or writs, order or orders more particularly in the nature of writ of mandamus deblaring the action of the respondents particurarry respondent Nos 4 and 5 in issuing the impugned notice dated 16.os.2o2s and directing the petitioner to immediately remove/ demolish the alleged third floor construction over house bearing H.No.3-121l 1/A within a per/od of (5) days and otherwise threatening to demorish the same situated at Madnoor vifiage and Mandar, Kamareddy District under the limits of 4th respondent Gram panchayat without having any authority and without issuing any prlor notice is iflegar arbitrary and violation of Article 14 and 3004 of construction of lndia apart from violation of principles of natural justice and consequenfly direct the respondents to not to demolish the third floor construction of the petitioner situated at Madnoor village and Mandal, Kantareddy d istrict tA NO: 1 OF 202a; Petition under rlection 151 cPC praying that iD the circumstances stated in the affidavit filed in sr- pport of the petition, the High court may b,3 r)leased to stay all further procee,lingl; including illegal interference /demolition o1'tlre construction work made by thr: petitioner in respect of house bearing H.No.3-12111/A, situated at Madnoor village and Mandal, Kamareddy District in pursuant to the impugned notice dated 16.05.2025 issued by the respondent No.4 and , 5, pending disposal of the Writ Petitio r Counsel for the F,etiticner: SRt. USAKOYEELA CHANDRASHEKAR Counsel for the Flespondent Nos. 1to3: Gp FOR PANCHAYAT RAJ RURAL DEVELOPMENT Counsel for the lRespondent Nos.4&5: SRI K. PRADEEP REDDY, SC FORGRAM PANCHAYA]' The Court made the following: ORDER a IION'BLE SRI JUSTICE J. SREENIVAS RAO PETITIONNo.152O7 of 2025 ORDER: This Writ petition is filed seeking the following relief:_ .to issue Writ, or Writs, Order or Orders more particularly in the nature of writ .of mand"."rl al"i*i"s, the action of the respondents partillarlv rgsrond"naN;;;';nd 5 in issuing the rmpugned notice dated 16.05.2025 _a ai.""iiog the petitioner to immediately rernove/ demolish ,lr"-- third floor construction over house tearing u.No.: _iht ttl, within a period of (5) days and otherwisE ,il;aieii;; to demotish the same situated at Madnoor uiffug" urJ-frtuidal, Kamareddy District under the timits .f +tn ?"rp""A*lGram panchayat without having any authoriry ana-,if ,il"ri.i*uing any .prior notice is illegal arbitrary u"a "irl"ti"" oiLlcfe f q and 3004 of Construction of rnaiu apa.t aom viJffi; of principles of nahral justic€ and, c^onsequently dr""t rh;;;:;.rdents to nor to demolish the third noo.- u"tl-o-,i"#ifrJ f",n,or". ,irrr"a village and r'aanaal' rcum*Jiy ai.oi", u,J io "ff"g"a "oort ;Ly::..T*

2. Heard Sri U.Chandrashekar, leamed counsel for the petitioner, learned Assistant Government pleader for panchayat Raj appearing on behalf of respondent Nos.l to 3 and Sri K.pradeep Reddy, Ieamed standing coinsel appearing on behalfofrespondent Nos.4 and 5. 3. With the consent of learned counsel for the parties, the writ petition is being disposed of at the stage of admission. 4- Facts giving rise to filing of this writ petition briefly stated are that the petitioner has purchased open land admeasuring Ac.00.36!ts I :' ,1 2 in Sy.No.846, situated at Madnoor Village and Mandal' Kamareddy District ttrrouElh a Registered Sale Deed bearing No'478/20tl7' dated 16.03.2007 ard after obtaining necessary per'mission of respondent No.4 Gram Panchayat, he constructed a house bearing No'3-121/1/,4. and the petitioner is paying house tax to the respe':ti'''e Gram Panchayat. Re spondent Nos.4 and 5, at the instance of loca political party leatlers tssued notice to the petitionet on 16'05 202:5 ' directing him to remove/demolish the third floor construction within a period of five days uzithout giving any notice and without fol1o'ving due process of Iau'.

5. LeameJ counsel for the petitioner submits that rr:rspondent No.5 hai issued impugned notice directing the petitioner t'l remove the third flool sonstruction within a period of five days on the alleged groundthatthepetitionerconstructedthirdfloorwithoutobtaining any pernrission, without giving any prior notice and without giving opportunity a nd the same is gross violation of principlcs ':f natural justice arrd vioLative of Article 300A of Constitution of India"

6. Pttr contra,learned Standing Counsel appearing for r':spondent : Nos.4 and 5 submitted that respondent No-5 informed the petitioner orally severa times, in spite of the same, petitioner has not taken any \ \. ,,/ t/ |) steps. On the other hand, he made unauthorised conskuction. Respondent No.5 rightly issued impugned notice exercising the powers conferred under the provisions of th9 - Telangana panchayat Raj Act, 2018 (for brevity .the Act') and the same is valid under law. 7 . Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that respondent No.5 issued impugned notice to the petitioner on 16.05.2025, directing him to remove the third .floor within a period of five days, while exercising the powers conferred under the Act. The above said impugned notice clearly reveals that respondent No.5 has not issued any show cause notice, directing the petitioner to submit explanation and straight away issued the said notice, directing him to remove the unauthorised third floor construction within a period of five days and the same is gross violation of principles of natural justice.

8. It is very much relevant to place on record that in Allwyn Housing Colony Welfare Association v. Government of Andhra I I l 4 Pradesh and othersr, the Hon'ble Apex Court held that no order adverse to a pal'ty should be passed without hearing them' g. TakLng i:rto consideration the facts and circumstancos' without expressing any riew on the merits of the case, the impugned order issued by -espondent No.5 shalt be treated as show cause notice and the petiticner is directed to submit explanation to the in.rpugned notice, dated 1'5.05.2025,within a period of three (3) weel":s liom the date of receipr 6f a copy of this order; and on such exp lanation' respondent Nos.4 and 5 are directed to consider the same a'nd pass appropriate orrlcrs in accordance with law within a period oi six (6) weeks the:eaft,:r, after giving opportunity and personal hearilrg to the petitioner. Till such time, respondent Nos'4 and 5 are direrctt:d not to take any coercive steps in respect of the subject propert\/ of the petitioner and -he petitioner sha[[ not make any further constr.rctions.

10. Wi.h the above direction, the writ petition is disposed of' No order as to costsi 1 ) ' zoro 1r; nLo sc I 5 Pending miscellaneous applications, if any, shall stand closed. To, //TRUE COPY// SD/.P. GOWRI SHANKAR DEPUTY REG SECTION OFFICER

1. The Principal Secreta ry, Panchayat Raj and Rural evelopment Department, 2 3 4 Telangana Secretariat, T.S.,Hyderabad. The District Collector, Panchayat Wing, Kamaredd y district. The District Panchaya t Officer, Kamareddy district. The Grampanchayat, Madnoor, Madnoor Mandal, Kamareddy district. Rep.by its Secretary 5 The Panchayat Secretary, Grampanchayat - Madnoor, Madnoor Mandal, Kamareddy district.

6. One CC to SRl. USAKOYEELA CHANDRASHEKAR, Advocate tOpUCI 7. Tr,vo CCs to GP FoR PANCHAYAT RAJ RURAL oeVrloplrlrrii .iioh 8. ONE CC tO SRI. K. PRADEEP REDDY, SC FOR GRAM PANCHAYAT 9. Two CD Copies Court for the State of Telangana at Hyderabad [OUI loPUcl B^/ M--- HIGH COURT DATED:21 10512025 VACATION COURT a; i'!a : f4 ;.i o '.l) \'2_ \.4 23 nnr IU5

1.i. .'-)i ':- - .// zl.' ORDER WP.No.15',207 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS .1 \nAI il\ .Lh