High Court · 2025

1. The Panchayat Secretary, Urella Village, Chevella fVlandal, Ranga Reddy 2. fhe District panchayat officer, Urella Village, chevella Mandal, Ranga Reddy e. ine Revenue Divisional Officer, Urella Village, Chevella Mandal' Ranga +. iiJifr.pJCioiof Police, Chevella Police Station' Chevella, Ranga Reddy s. ine OGtrict Collector, Ranga Reddy District, Ranga Reddy' 6. Mangali Yadaiah, 1-62, Urella Village, Chevella Mandal' Hanga Keooy Z. fr,fO. jifrangir, Sarpanch, Urella Village, Chevella Mandal, Ranga Reddy District e. 5mi. fvtangali Vijaya, W/o Sri Mangali Yadaiah, Age-no! known, Occ' -' Housefrotd UreliaViilage, ChevellS Mandal Ranga Reddy District' (R8 is impleaded as per Court Order dt. 27 j22023 in lA No 4/2023 ) 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 pleasedtograntappropriatereliefmoreinthenatureofWritofMandamusunder Article 226 of the constitution of India declaring the action of the official respondentsinallowingtheRespondentNo.6fromconstructingbuilding unauthorizedly / without permission at Survey No 149, H No' 1-62' Urella Village' chevella Mandal, Ranga Reddy District as arbitrary, illegal, unconstitutional and violative of Articles '14,19 and 21 of the constitution of lndia and issue consequential direction directing the official respondent to forthwith restrain the 6th respondent from making further construction at Survey No. 149, H.No. 1-62, utella Village, chevella Mandal, Ranga Reddy District and further direct the official respondents to forthwith demolish the unauthorized construction made at survey No. 149, H.No. 1-62, Urella Village, Chevella Mandal, Ranga Reddy District in pursuance of the notice issued by the 1st respondent dt. 28.6.2023. lA NO: 1 OF 2023 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 official respondents inctuding the first respondent not to allow the sixth respondent from making construction at Survey No. 1 49, H. No. 1-62, Urella Village, chevella Mandal, Ranga Reddy District, pending disposal of the writ Petition. lA NO: 2 OF 2023 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, nrore particularly the first respondent to demolish the unauthorized construction made till date in pursuance of the notice issued by the first respondent, pending disposal of the Writ petition. lA NO: 1 OF 2024 Between: Smt. Ivlangali Vijaya, \Nlo Sri Mangati yadaiah, Age not known, Occ Household Ure,ta Vittage, Chevefli N/andat Rang5HeaOy Oistrici.-- AND ...PETITIONERY RESPONDENT No.8 1 Mangali Venkatesham, S/o. late Mgngqli Balakistaiah Age . 40 years, Occ. Business, Rl/o Bandraguda Jageer, caiaipel vrlnaui nrng, neo-oi biiilici-- It:r[?.n.nrrr, Secretary, Ureila Viilage, Cheveila Mandat, Ranga Reddy ...PETITIONER J 4 5 6 7 B The District Panchayat Officer, Urella Village, Chevella Mandal, Ranga Reddy District. ihe Revenue Divisional Officer, Urella Village, Chevella Mandal, Ranga Reddy District. fne iispector of Police, Chevella Police Station, Chevella, Ranga Reddy District. The District Collector, Ranga Reddy District, Ranga Reddy. Mangali Yadaiah, 1-62, Urella Village, Chevella Mandal, Ranga Reddy District. ttllO. .lafranglr, Sarpanch, Urella Village, Chevella lvlandal, Ranga Reddy 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 Vacate the order Dated 1 0.o7 .2023 in wP.No. 1 7907 0l 2023 and DlsMlsS the writ petition with costs and in the interest of justice. lA NO: 3 OF 2023 Between: Manoali Yadaiah, S/o. late Man Agriciulture, Fl./o. Urella Village, oali Balakistaiah, Aqed about 45 years, Occ: ehevella Mandal, Ranga Reddy District. AND ...PETITIONER/ RESPONDENT No.6 ttlanoali Venkatesham, S/o. late Mangali Balakistaiah Age - 40 Yqars, Occ' iirsii"ss, R/o eandiaguda Jageer, Gandipet Mandal Ranga Reddy District' *=tEo#B=*tI The Panchayat Secretary, Urella Village, Chevella Mandal, Ranga Reddy District. ine ner"nr" Divisional Officer, Urella Village, Chevella Mandal, Ranga Reddv District. iiJlfr.pb?oiof Police, Chevella Police Station, Chevella, Ranga Reddy District.

5. The District Collector, Ra 6. Md. Jahangir, SarPanch, nqa Reddy District, Ranga ReddY. U'rella Village, Chevella Mandal, Ranga Reddy District 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 ...RESPONDENTS/ RESPONDENTS 1 2 3 4 vacate the orderdated 10.01 .2023 in l.A. No. 1 of 2023 in w.p. No. 1l9ol of 2023 on the file of this Hon'ble Court. Counsel for the Petitioner: SRI p.V.KRISHNAIAH Counsel forthe Respondent No.1: SRt KTSHORE RAO pUSKURU, SC FORTS ZILLA PARISHADS Counsel forthe Respondent No.2: Gp FOR PANCHAYATH RAJ & RURAL DEV Gounsel for the Respondent Nos.3 & 5: Gp FOR REVENUE Counsel for the Respondent No.4: Gp FOR HOME Counsel for the Respondent No.6: SRI KRISHNA KUMAR.B Counsel for the Respondent No.B: SRI K.PRADEEp REDDY Counsel for the Respondent No.7: -- The Court made the following: ORDER E::*:?-' 'ry4Y THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI r.A.NO.1 0F 2024 IN W.P.NO . t79o7 0F 2023 AND W.P.NO. 17907 oF 20/23 coMMON ORDER: In this writ petition, the petitioner is seeking a writ of mandamus to declare the action of the ofhcial respondents in allowing the respondent No'6 to construct the building unauthorizedly/without permission at Survey No' 149' H'No' 1- 62, Urella Village, Chevella Mandal, Ranga Reddy District' as illegal and arbitrary and consequently' to direct the official respondents to restrain the respondent No'6 from making furtherconstrr-rctioninthesaidsurveynumberandalsoto demolish the said construction in pursuance of the notice d.ated, 28.06.2O23, issuecl by the respondent No'1' and to pass such other order or orders in the interest ofjustice'

2. Brief facts as stated by the writ petitioner as leading to the filing of the present writ petition are that the petitioner and the respondent No'6 are brothers and after demise of their father in the Year 2013, the house bearing No.1-62, Urella Chevella Mandal, R.R'District, was divided into two avilla8e, shares/parts and one portion of the house admeasurtng 100 \ 2 sq.yards ak;ng with the constructed house was aliotted to the petitioner and another portion admeasuring 100 sq.yards, as well as one portion of the old house was zrllolted to the respondent No.6 herein. It is submitted that both have open lands whicit are road facing and adjacent to the main road and that the pr:titioner obtained permission for construction of a house in the open land vide Proceedings No.GP/BP/No.l20l5, dated 22.06.20 1 5 and while the petitioner was arranging funds for construction purposes, the respondent No.6 tried to construct t1-re building not only in the open land opposite to his portion, but also in the land belonging to the pet.itioner and that too without obtaining any permission for construction. It is therefore, submitted that the petitioner has made representations to the Panchayath Secretrary to take appropriate action against the illegal construction and that the construction activity of the respondent No.6 has beerL stopped. It is howevr:r, alleged that no steps were being taken to remove the unauth.orized illegal construction made by the rr:spondent No.6 and r-herefore, the petitioner has filed the present writ petition r I I I I Et '$ 3

3. The learned standing counsel for the respondent No.1 has hled a counter afhdavit stating that pursuant to the oral and written complaints made by the petitioner dated 21.06.2023 and on inquiry, it had come to know that the petitioner and the respondent No.6 are own brothers and that the petitioner and his family were not residing in the village since 2O06 and that the Government has allotted a house site admeasuring 12O sq.yards in favour of the father of the petitioner in the year 1990, by constructing rooms therein and subsequently, on the death of their father on 28'O3 2O13' the petitioner and the respondent No'6 have separated and they are in possession of their respective shares of the property'

4. It is submitted that in the year 2O15' the Government has further allotted assignment patta of a plot of land admeasuring 78 sq.yards in Survey No' 149' situated at Urella, in favour of the wife of the respondent No'6 namely Smt.Mangali Vrjaya; and the respondent No'6 took possession of the plot granted by the Government and has constructed two rooms and he is residing therein since then and that the petitioner is illegally claiming the interest over the plot assigned to the wife of the respondent No'6 lt is further submitted that -r" 4 the responclent No.6 has applied for construction perrnission in the second week of Jttne,2023 and though the same was kept pending du,: the complaint made by the petitioner orally and in writing on 28.06.2023, subsequently, the building permission was grantec. on 27 .O7.2023.

5. Learned counsel for the petitioner, therefore, has impleaded the wife of the respondent No.(r as a party respondent No.S to the writ petition and the respon(lent No.g has also fikrd a counter afhdavit along with vacate petition in I.A.No.1 ol' '2024 confirming the contentions of thc respondent No.l and denying the allegations of the writ petitioner. It is further submitted that the respondent No.g has obtained permission for construction on 2Z .O7 .2023 and has started construction of the house and only on the receipt of the interim orders of this Court dated 10.07.2023, the construction has been stopperl. The learned counsel for the respondcnt No.g has prayed for vacation of the interim order and dismissal of the writ petition.

6. l-earned counsel for the petitioner, however, tried to hnd some irregularities in the permission granted to the respondent No.8 for construction. It is submittcd that the 5 application for buiiding permission is referred to as made on 27.O7.2023 and the permission was also granted on 27 'O7 2023 and therefore, according to him, the respondent No' 1 is hand in glove with the respondents No.6 and 8' \ 7 . Having regard to the rival contentions and the material on record, this Court hnds that the respondent No' f in his counter afhdavit has clearly stated that the respondent No'8 has made an application for construction permission in the second. week of Jur:Le, 2023 and due to the complaint given by the petitioner ot 28.06.2023, the same was kept pending Along with the Memo filed by the respondent No'6, is the copy of the application dated 09.06.2O23 frled by the respondent No'8 for construction and there is also the endorsement of the Panchyath Secretrary thereon' Therefore, the reference to the application dated 27 .O7 .2O23 appears only to be a mistake and therefore,thereisnothingirregularinconsideringthe application of the respondent No 8 for granting building permission.

8. Learned counsel for the petitioner has not hled any reply to the counter affidavit hled by the respondent No 8 that the Government has allotted a plot admeasuring 78 square 6 yards in favour of the respondent No.g and that the constructio.:r was being made in the said plot.

9. In view of the same, this Court is not irrclincd to pass any orders in this writ petition. The interim order granted earlier stands vacated.

10. In the result, the Vacate petition in I.A.No. I of 2024 is allowed and the writ petition is dismissed. There shall be no order as to {losts. , 1 1. Miscellaleous petitions, if any, pending in this writ petition , shall stand closed. //TRUE COPY// SD/. P. PADMANABHA REDDY ASSTS\$ T REGISTRAR \ $E CTION OFFICER To Reddy District. I[?r[l:,r'., IHr[fO"Oor,)f panchayat Officer, Urefla Viilage, Cheveila rVtandat, Ranga Reddy

1. TherPanchayat Secretary, Urella Village, Chevella Mandal, Ranga Reddy , 3. The Revenue Divisional Officer, Urella Village, Chevella Mandal, Ranga O potice, Cheveila potice Station, Cheveila, Ranga Reddy 5. The District Collector,Ranga Reddy District, Ranga Reddy. '-"-, 9 9n" cc to sRr p v KRtsrr"NAtAH, Ad";;;6 idp0bi 7, ONE CC tO SRI KISHORE NAO CUSXUNU, dC'rOH TS ZILLA PARISHADS B. one CC to SRr K pTApF.Ep. BEDDy, Advocate [OpUC] 9. one CC to SRt B.KR|SHNA KutrlAn,'no-ubc-rjJtbpUq, '10.Two CCs to Gp FOR REVENU=, nisi6 Corrt*iJrine Sir,te of Tetangana, at 11. Two CCs to Gp F6R HOME, High Court for the State of Telangana, at 12.Two CD Copies Hyderabad. IOUTI Hyderabad. IOUTI loPUcl PSK. GJP E HIGH COURT DATED:2910112025 COMMON ORDER IA.NO.1 0F 2024 IN/AND WP.No.17907 of 2023 c') (-) T.J SIh I c t !. 03 FEB 7C25 t oEgp161g,Hgg * ALLOWING THE !A AND DISMISSING THE WRIT PETITION WITHOUT COSTS O} ,UW W