High Court · 2025

nstitution of lndia praying that in the therewith, the High Court may be rit more particularly one in the nature ton of the respondent No.3 Gram GP10612002, dated 23.O5.2022 as o ve of principles of natural justlce and nchayat Raj Act, 2018 and the rules 21 and 300A of Constitution of lndia dated 23.05.2022, in lhe interest of ,7 IA NO: 1 OF 2022 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 stay all further proceedings, including demolition of compound wall raised in Sy.No.486 of Kondakal Village, Shankarpalli [r,ilandal, Ranga Reddy District, pursuant to impugned notice of the 3rd respondent vide Lr. No.Gp/06/2 o22. daled 23.05.2022, during the pendency of writ petition, in the interest of justice lA NO: 2 OF 2022 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 dismiss the above writ Petition by vacating the interim order dated 27losl2o22 passed in l.A. No.1 of 2022 in W.P. No. 23990 ol 2O22 Counsel for the Petitioners : SRl. B MAHENDER REDDy Counsel for the Respondent No 1 and 2: Gp FOR PANCHAYAT RAJ RURAL DEV (rG) Counsel for the Respondent No 3 : SRt KISHORE RAO, SC FOR PANCHAYATH RAJ The Court made the following: ORDER tw3- ./ THE HONOT]RABLE SMT. JU TICE T. MADHAVI DEVI WRIT PETITION NO 23990 0F 2022 ORDE In this Writ Petition, the petitio ers are challenging the notice issued by the 3'd respondent on 23.05. 022 to stop the construction of compound wall and remove the const cted area within three (3) days, as illegal and arbitrary and without juris ction.

2. Vide interim order dt.27.05.2022 this Court had granted interim direction to the respondents not to demo ish the compound wall raised in Survey No.486 of Kodakal Village, Sh alli Mandal, Ranga Reddy District. 3, The 3'd respondent filed counter ffidavit along rvith stay vacate petition in I.A.No.2 of 2022.

4. According to the petitioners, they are owners and occupants of the agricultural land to an extent of Ac.0. 0 guntas in Survey No.486 of Kodakal Village, Shankarpalli Man having purchased the same \ through registered sale deeds. It is sub tted that since the said land is W.P.No.23990 of 2022 2 nearer to Hyderabad city and to prevent the saicl land from being encroached by neighbours, the petitioners intended to fence the agricultural land and to construct a cattle shed therein and while doing so, the 3'd respondent has issued the impugned noiice c1t.23.05.2022.

5. Leamed counsel for the petitioners submitted that the land is an agriculttrral land and therefore, the petitioners are entitled to fence the said land to plotect their land and crops and that the compound wall does not fall within the meaning of 'building' under the Telangana Panchayat Rai Act and therefore, there is no necessity for them to obtain building permission from the respondents and therefore, issuance of notice dt.23.05.2022 is without jurisdiction. He has also referred to G.O.Ms.No.67 dt.26.02.2002 to demonstrate that without convefting the agricultural land into non-agricultural land and without obtaining layout permission, no construction can be made. Till such conversion is made, is submitted that the land remains as agricultural land and the compound wall, if any, around the agricultural land would lall within the ambit of the Telangana Land Revenue Act, 13 1 7 F and not under the Telangana Panchayat Raj Act. w W.P.No.23990 of 2022 3

6. Learned Standing Counsel for the respondent Gram Panchayat, on the other hand, relied upon the averrnen s in the counter affidavit stating \! that the petitioners were constructing ompound wall with bricks and cement and also erected a tin sheet n the land and therefore, the I petitioners required permission of the G am Panchayat and are govemed by the provisions of the Telangana Panc ayat Raj Act

7. Having regard to the rival conten ions and the material on record, this Cour.t finds that the 3'd responde t has filed photographs of the construction made by the petitioners ong with the counter affidavit, and as seen therefrom, the land appe to be agricultural land, though no agricultural operations were evident erefrom. The agricultural land would not therefore fall within the purv ew of the Telangana Panchayat Raj Act. Any cattle shed in the agricu tural land does not require the perrnission under the Telangana Pancha at Raj Act. The same would be governed by the Telangana Land Reve ue Act, 1317 F. Therefore, the impugned notice dt.23.05.2022 is ithout jurisdiction and it is accordingly set aside.

8. The Writ Petition is accordingly lowed. No order as to costs. W.P.No.23990 of 2022 4

9. Pending miscellaneous petitions, if any, in this Writ Petition including I.A.No.2 of 2022 shall stand closed. I I I \ To, //TRUE COPY// S /. A. JAYASREE ASSISTA T REGISTRAR + CTION OFFICER The Secretary, Panchayat Raj and Rural Dev. Dept., Secretariat Buildings, The State of Telangana, Hyderabad, The District Panchayat Officer, Ranga Reddy District. The Gram Panchayat, Kondakal Village, Shankarpalli N/andal, Ranga Reddy District. Rep. by its Panchayat Secretary. One CC to SRl. B IVIAHENDER REDDY Advocate [OPUC] Two CCs to GP FOR PANCHAYAT RAJ RURAL DEV (TG) ,High Court for the State of Telangana. [OUT] One CC TO P KSIHORE RAO, SC FOR PANCHAYAT RAJ [OPUC] Two CD Copies One Spare copy d I 2 4 6 7 o CHS CJP HIGH COURT DATED:21 10412025 ORDER WP.No.23990 of 2022 oir 1HE sr4 I€ ( a J o L) t 0 ,* t; 13 tlj8 20[ : l\ I !;i -l ALLOWING THE WRIT PETITION WITHOUT COSTS a