High Court · 2025

Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit fited therewith, the High court may be pleased to issue an appropriate writ order or direction more particularty, one in the Nature of writ of Mandamus, considering the Notice, Dated 23t041 2024 issued by respondent No.3 to the writ Petition, Uncalled, Unjustifiable and is in violation of Principles of Natural Justice, qua abrogating article 300 A of constitution of lndia consequentially quash the Notice, Dated 23lo4l 2024 issued by respondent No.3 to the writ Petition lA NO: 1 OF 2025 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 respondent No.3, not to Proceed, with its Notice Dated 23tO4t 2O2S and consequentially direct the respondent No.3 to the writ Petition, not lo Meddle with the Petitioners Posserssion, over the Property in Sy No.s 2841 l<ul 211/1 and 284tRul 2t1t1l1 situated at Kalllakal Village, trilanoharabad, Medak District, covered by Gift dr:ed, Vide Bearing No. 2882 ot 2024 Counsel for the I'etitioner: SRl. M RATHAN SINGH Counsel for the tlespondent Nos.1&2: AGP FOR PANCHAYAT RA'J RURAL DEV Counsel for the tRespondent No.3: SRI P. RAMA KRTSHNA REDDY SC FOR GP The Court made the following: ORDER -l r THE HON'BLE SRI JUSTTCE J.SREENTVAS RAO 1VRIT PETITION No.15 263 of2O25 ORDER: This writ petition is filed seeking the following relief: "...to issue an appropriate writ order or direction more particularly one in the Nature of writ of Mandamus, considering the Notice, Dated 23.04.2O24 issued by respondent No 3 to the writ petition, Unca_lled, Unjustifrable and is in Violation of Principles of Natural Justice, qua abrogating Article 300-A of constitution of Indi, consequentially quash the Notice, Dated 23.04.2024 issued by respondent No.3 to tJle writ petition arrd pass such other order or orders as this Hon'ble Court may deem frt and proper in the circumstances of the case.',

2. Heard Sri M.Ratan Singh, learned counsel for the petitioner arrd learned Assistant Government pleader for Panchayat Raj appearing for respondent Nos. 1 and 2 and learned Standing Counsel for respondent No.3.

3. With the consent of the learned counsel for the parties, the writ petition is disposed of at the stage of admission.

4. During the course of hearing, learned counsel for the petitioner submitted that the petitioner is owner and l I I & t' I l 2 ,!:. ..' possessor of the subject property i.e., open place of non- agriculture total admeasuring area 2299 sqluarc.yard equal to 192?..19 square meters in Survey Nos.2B4/RII/2ll/l and 284 lRUl2lIllll situated at-Ka11aketl village, Malohrrabad, Medak District and the petitioner ':laiming his rights over the subject property basinq on the registered gift deed bearing No,2882 <tf 202"1 dated

25.O7.2024 executed by her son. The petitioner erercted her name board in the subject property for protecting the subject property as the subject property belongs, to her. While thingls stood thus, respondent No.3 issued a notice dated 123.04 .2025 directing the petitioner to renrove the name board in the subject property within a period of seven (07) days otherwise respondent No.It u,ill ttil<e legal action. The action of respondent No.3 is gr-oss r.io lation of princip es c,f natural justice.

5. Per Ccntra, learned Standing Counsel for res;pondent No.3 birsinq on the instructions furnishecl by Pzrnchayat Raj submi1ed that the subject property was gifted 1n favour of respondents through a registered sale fift deed dated i23.03.20O5 by Surya Developers to an e xtent of J 2lO5% square yards of land of the subject properer. Though the petitioner is not having any right in respect of the subject property, the petitioner without submitting any explanation to the impugned notice dated 23.04.2025 straight away approached this Court by hling the writ petition and the same is not maintainable under the law.

6. Having regard to the rival submissions made by the respective parties and after perusing the materia_l available on record, it reveals that the petitioner and respondent No.3 are claiming rights over the subject property basing on the gift deeds. However, respondent No.3 straight away issued the impugned notice dated 23.04.2025 directing the petitioner to remove the name board within a period of \ seven (07) days without issuing any show cause notice. 7 . Taking into consideration the facts ald circumstances of the case and submissions of respective parties and without going into the merits of the case, this Court deems it appropriate to dispose of the Writ Petition, by directing the petitioner to submit his explanation to respondent No.3 within a period of three (03) weeks from the date of receipt of a copy of this order. On receiving such I I I I 4 a explanation, respondent No.3 shall consider: the serme and pass approJ)riate order in accordance with lan after girring opportunity to the petitioner including personal hearing within a. period of six (06) weeks. Till such time, r.-spondent No.3 is directed not to take any coercive sl-eps ln respect of the subject property. It is mia.de r:lear t.hat this Ccurt has not expressed any view on tl-re merits of the casr-' and the petitioner is entitlt:d to r:rise all the grounds which are available under l:rw B. WLth the above direction, the Writ Petition is clisposed of. There sha1l be no order as to costs. Miscellaneous applications pending, if ern1,,, shall stand closerl //TRUE COPY// To,

1. The Prrnc pal {iecretary ( Panchayat Raj Departm Hyderabad. i\ \r SD/- P. C]H. NAG,{BHUSHAMBA PIJTY REGISTRAR QE SECTION OFFICER 1 z dq.t) Secretariat Buildings,

2. The Distrirt Panchayat officer Medchal, Medchal Malkajgiri Dis;trict 3. The Kallakal G ram Panchyat, Rep by its Panchayath secretary, lrrlanoharbad Mandal, I\ledchal, l,4edchal Malkajgiri District

4. One CC k) SFll. M RATHAN SINGH Advocate [OPUC] 5. One CC k) SR P. RAMA KRISHNA REDDY SC FOR GP [OP|.JC] 6. Two CCs to GP FOR PANCHAYAT RAJ RURAL DE\,/ ,High C)ourt for the State of T-.lan(yana. [OUTI

7. Two CD C.opies KKS w'- VACA.TION COURT HIGH COURT DATED:21 10512025 ORDER WP.No.15263 of 2025 / - , .,-,a ._: I .:. (i ra. \. 11. 'r ?lj[ I' () \ DISPOSING THE WRIT PETITION WITHOUT COSTS I0 f, 7 ?;t/ '