✦ High Court of India · 10 Apr 2025

High Court · 2025

Case Details High Court of India · 10 Apr 2025
Court
High Court of India
Decided
10 Apr 2025
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Not available
Length
3,297 words

4. The Tahsildar, Bejjanki Mandal, Karimnagar District, 5. The Station House Officer, Gannerupet Pofice Station, Karimnagar District. 6. The Deputy Executive Engineer, PRSD, Thimmapur, Karimnagar District 7. Sri Elati Chandra Reddy, S/o Raia Reddy, Aged about 42 years, Satpanch, Gram Panchayat of Kashimpet Rep. by its Panchayal Secretary, Bejjenki Mandal, Karimnagar District. _--. . S.lii{r' Karimnagar District- B. Upper Primary School, Khasimpet Village of Gannervaram, vandal, 9. The District Collector, Karimnagar District. '10. The Revenue Divisional Officer, Karimnagar. ...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 or order or directions particularly in the nature of Writ of It/landamus calling for the all connected records pertaining to the proceedings No.t(l 3566/20'1 6, dt:17-01-2017 of the 1Oth Respondent and set aside the same by directing the 9th Respondent to monetary the situation to keep the existing Road of 20 Feet without any political interference. I.A. NO: 3 OF 2017( WPMP. NO: 2279 OF 2017) 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 suspend the proceedings No. Kl1356612016, at. 17-01-2017 of the 1Oth Respondent by directing the Respondents to not construct the Compound Wall by closing the wider road of 20 Feet, in the interest of justice pending disposal of the above writ petition. l.A. NO: 7 OF 2017 WPMP. NO: 49060 OF 2017 Petjtion under Section 151 CPC praying that in the cii'cumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the '1Oth Respondent to depute a Survey [o conduct surv3y as per the representation dt.30-0.1-2017 and submit this report tc this Hon'ble Court. in the interest of justrce. pending disposal the above writ petition. l.A. NO: 1 OF 2017(WV MP. NO:869 OF 2017) Between: Sri Elati Chandra Reddy, S/o Raja Reddy, Aged about 42 years, Satpanch, Gram Panchayat of Kashimpet Rep. by its Panchayal Secretary, Bejjenki Mandal' Karimnagar District ...pETraoNER/7th RESpoNDENT AND

1. Gampa Narsaiah, Sio, Nampelly, Aged about 64 years, Occ Agriculture, R/o. H.No.1-49, Khasimpet, Village of Ganneruvaram (Handal, Karimnagar District. 2. Adoption of Gampa tvlallaiah, S/o. Narnpelly, Aged about 68 years, Rl/o. H.No. '1-47, Khasimpet, Village of Gannemvaram (Handal), Karimnagar District. 3. Gampa Kanalcaiah, S/o, Nampelly, Aged about 59 years, Rio. H.No.1-49, 4. Gampa Lachaiah, Sio. Nampelly, Aged about 57 years, R/o. H.No.1-48, Khasimpet, Village, of Ganneruvaram (Handal), Karimnagar District. 5. Gampa Venkanna Venkaiah, S/o, Nampelly, Aged about 50 years, Occ (Ex.Sarpanch), Agriculture Rio, H.No.1-49, lChasimpet, Village of Ganneruvaram (Mandal), Karimnagar District. Khasimpbt, Village of Gannertivararn (N/andal), Karimnagar District.

6. Gampa Ravinder, S/o. Nampelly, Aged about 46 years, R/o. 1-1.No.1-4411 , 7. Gampa Chander, S/o Nampelly, Aged about 42 yearc, R/o. H.No.1-4511, Khasimpet Village of Ganneruvaram (lt/andal), Karimnagar District. Khasimpet, Village of Ganneruvaram (lr/andal), Karimnagar District.

8. Dasshanala Chnkkanna, S/o Hanmaiah, Aged about 47 years, Occ Massion, Rl/o, H-No.1-43, Khasimpet, Village of Garmeruvaram Vandal), Karimnagar District

9. Dasshanala Rajaiah, S/o. Venkaiali, Aged about 57 years, R/o. H, No. '1-44, Khasimpet, Village of Ganneruvaram. (tt/andal), Karimnagar District. ...RESPONDENTS/PETITIONERS tate of Telangana, Rep, by its Principal Secretary, Panchayat Ra1 epartment, Secretariat, Hyderabad. he Commissioner of Panchayat, State of Telangana, Urudu Galli, Hiinayath agar, Hyderabad. he Gram Panchayat of Kashimpet Village, Rep. by its Panchayat Secretary, ejjanki tt4andal, Karimnagar District. he Tahsildar, Bejjanki l\,4andal, Karimnagar District, he Station House Offrcer, Gannerupet Police Station, Kartmnagar District. he Deputy Executive Engineer, PRSD, Thimmapur, Karimnagar District pper Primary School, Khasimpet Village of Gannervaram, vandal,

0.s D 1.7 N 2.r B 3T 4.r 5.7 6U 1 1 1 I 1 1 1 Karimnagar District- 1 7. The District Collector, Karimnagar District. 1 8. The Revenue Divisional Officer, Karimnagar ..RESPONDENTS/RESPONDENTS Petition under Section 151 CPC praying that in the ctrcumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to *. v/ ,1, t' vacate the interim orders dt. 19.01 .2017 passed in wpt\,4p.No. 2z7g of 2017 in WP.No. 1981 ol 2017. l.A. NO: 2OF 2017 (!wMP. NO: 1149 0F 20171 Between

1. The Tahsildar, Bejjanki Mandal, Karimnagar District, 2. The District Collector, Karimnagar Districi 3. The Revenue Divisional Officerl Karimnagar. ...PETITIONERS/RESPONDENTS (Ex.Sarpanch). AND t 9qf pl l!a1g9iah, S/o, Nampetly, Aged about 64 years, Occ Agricutture, R/o. _ I,l'!!,1 -+S.. Kha simpet. Vit ta ge^of Ga nneruva ram ( Ha nd al. Xarim"nagaiOistrici. z. Ad.oltron ot campa lvlallaiah. S/o. Narnpelly, Aged about 6g years,-R:/o. H.No. ^ T47. Khasimpet. Villa^ge of Gannemvarbm iUaiOal). Karimndgar Oistrrct. - 3. c.ampa Kanalcaiah. S/o. Nampelly, Aged about 59 years. "Rlo. H.No.t -+9, . Khasimpet, Village of Gannertivarain (lVandal), Karimnlgar bistrict. 4. 9ampa Lachaiah, S/o. Nampelly, Aged abi5ut 57 ye"ars, R/o- H.No.t_48, - '' - Khasimpet, Village of Ganneruvaiam (Handal), Karimnagar'District. -years, 5 G_a qpa Venkanna Venkaiah, _S/o, Nampelly, Rged a6oui 50 Vitl;4" -;i Occ . Agriculture. Rio. H No i-49 "lChasimper ^ Ganneruvaram (Mandal). Karimnagar District. 6. Gampa Ravinder, S/o. Nampelly,-Aged about 46 years, R/o. 1-1.No..1_4411 , - Khasimpet Village oJ Ganneruvaiam (N/andal), Ka.rihnagar District. /. c.ampa Chander, S/o Nampelly. Aged about 42 year\. Rt/o. H.No.1_451 .1, ^ Khasimpet, Village of Ganneruvara rn-( N/anda I). Kariri-rnagar District. 8. ljasshanala chnkkanna. S/o Hanmaiah. Aged about 4i years. occ N,4assion, VanOa'fl, Ka;;;;g;i 9. Dasshanala Rajaiah, Sip. Venkaiali, Aged about 57 years, R/o. H, No. 1_44, , ^ 'l U.State ot lelangana, Rep. 9y its principal Secretary. panchayat Raj 1 1 . The Commissioner of Panchayat, State of Telangana, Urudu Galli, Hiinayath 12 The Gram Panchavat of Kashrmpet viflage, Rep. by its panchayar secretary. 13. The Station House officer, Gannerupet police station, Karimnaqar District. 1 Ile_Pep!!y Execqtive Engineer, pRSD Thimmapur rarimniga-iDisi;;i-' 'l 5 Sri Elati chandra Reddy, S/o Raja Reddv. Aqed ibout 42 veais. Satoanch. liram Panchayat of Kashimpet Rep. by its panchayal Secietary. Bejjenki l\,tlandal. Karrmnagar District. Khasimpst,. Village of Ganneruvaram. (Mandal), Karininagar Distrjci. qepartment, Secretarrat. Hyderabad. Ryo H.No.1-43, Khasimpet, Village of District gejianki tr,,4a nd a I. K'arimnagar Didtrict. Nagar, Hyderabad. .Ga"rmeruvaram - ']

16. Upper PrimaU School, Khasimpet Village of Gannervaram, vandal, Karimnagar District. (Respondent No.1O to 16 are not necessary parties to this petition) ...RESPONDENTS/PETITIONERS ,,, 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 vacate the interim orders dated: 19-01-2017 passed in wpMp No.2279 of 2017 in WP.No.198'l of 2017. Counsel for the Petitioners: SRI M.V.RAJA RAAM counsel for the Respondent Nos.1 & 2: Gp FoR pANcHAyAT RAJ & RURAL counsel for the Respondent Nos.3 & 7: sRr KISHORE RAo pusKURU, sc FoR Counsel for the Respondent Nos.4,9 & 10: Gp FOR REVENUE Counsel for the Respondent No.5: Gp FOR HOME Counsel for the Respondent No.6: Gp FOR IRRI & CAD Counsel for the Respondent No.g: - C.C.NO: 264 OF 2017 TS ZILLA PARISHADS DEV Between: 1 9qIpl Narsaiah. Sio. Nampeily, Aged about 64 years, Occ Agriculture, R/o. H.No.'l-49. Khasimoet. Viliage oi Ganneruvarim lfVanOaii Xari;;g;; District. 2 Adoption of Gampa tVlallaiah. S/o. Nampelly, Aged about 68 years, Ryo. H.No.1-47. Khasihoet Viilage of Cinierrivara'm tfvfandal), k;;i;hil;; District. 3. 9ampa Kanakaiah, S/o. Nampelly, Aged about 59 years, Rl/o. H.No.1_49, , [!9:irppt Vittage o]lGanneruvarah (Mandat), Karimn'agar District. 4. u.ampa Lachaiah. S/o. Nampeily. {g9d gbbut 57 yeirs. Rl/o- H.No..1_48, _ [!g:irp.gt Village olGann.eruyailm ([4andat). kaiimnagar District. 5 9_aTpa venkanna_ @ Venkaiah, S/o. Nampelly. Aqed 50 vears. Occ . Agricutture Rl/o H.No.l_49. Khasimpet, Vittage of ^ Ganneruvaram (lVIandal). Karimnagar District. 6. Gampa Ravinder, S/o. Nampelly,"Aged about 46 years. R/o. H.No.1_44i1 , Khasimpet Village of GannerLlvaram ("lVandal), Karimnagar District. (trx.uarpanch). -about ...PET|TIONERS AND 'l . V Srinivas, Panchayat secretary, The Gram panchayat of Kashimpet Vi[age, ^ Bejjanki lrrlandal, Kaiimnagar Di6trict. ? 9.t Saritha, The Tahsildjrr, gejjankj lVlandal, Karimnagar District. 3. Billa Koteswar Rao, The Statiori'House officer, Ganneiupet porice station, 4. Ch.. Sundara_chari, The Deputy Executive Engineer, pRSD, Thimmapur, 5 E.]?!_C|indra Reddy, S/o. Raja Reddy, panchayat Secrerary, Ased abou ,SI, 42 yeats. sarpanch. Gram panchayat of Kashimpei Vlttage, Bejjenki Mandal Karimnagar District. Karimnagar District_ Karimnagar District

6. Aisha lvlasarath Khan, rn-charge Revenue Divisionar officer, Karimnagar ...RESPONDENTS ,l/' -.-.-/ . i; // Contempt Case filed under Sections 10 to 12 of Contempt of Courts Act 1971 praying that the High Court may be pleased to punish the respondents for willful and deliberale violation the orders of WPMP 227912017 in WP 198112017 on 19-01-2017 of the orders dated-06-1-2017 in WPMP.No.768 of 2017 in WP No.693 of 2017 on the file of the High Court. Counsel for the Counsel for the Petitioners: SRI M.V.RAJA RAAM Respondent Nos.1 & 5: GP FOR PANCHAYAT RAJ & RURAL DEV Counsel for the Counsel for the Counsel for the Respondent Nos.2 & 6: GP FOR REVENUE Respondent No.3: GP FOR HOME Respondent No.4: GP FOR lRRl & CAD W.P.NO: 1090 OF 2024 Betwee n Khasimpet Village, Ganneruvaram (N/andal), Karimnagar District.

1. Gampa Kanakaiah, S/o. Nampelly, Aged about 64 years, R/o. H.No.1-49, 2. Adoption of Gampa Mallaiah, S/o. Nampelly, Aged about 72 years, RJo. H.No.1-47, Khasimpet Village, Ganneruvaram ([,/andal), Karimnagar District. 3. Gampa Narsaiah, S/o- Nampelly, Aged about 69 years, Occ. Agriculture, R/o. H.No.'1-49, Khasimpet Village, Ganneruvaram (N/andal), Karimnagar District. 4. Gampa Lachaiah, S/o. Nampelly, Aged about 63 years, Rio. H.No.1 -48, 5. Gampa Venkanna @ Venkaiah, S/o- Nampelly, Aged about 55 years, Occ. 9arpanch, R/o. H.No.'1-49, Khasimpet Village, Ganneruvaram (lVandal), Karimnagar District. 6. Gampa Ravinder, S/o. Nampelly, Aged about 51 years, R/o. H.No.1-4411 , Khasimpet Village, Ganneruvaram ([i4andal), Karimnagar District. Khasimpet Village, Ganneruvaram (tf/andal), Karimnagar District. AND ...PETITIONERS Depaft ment, Secretariat, Hyderabad.

1. State of Telangana, Rep. by its Principal Secretary, Panchayat Raj 2. The Commissioner of Panchayat, State of Telangana, Urudu Galli, Himayath 3. The Gram Panchayat of Kashimpet Village, Rep. by its Panchayat Secretary, Nagar. Hyderabad. Kashimpet Village, Genneruvaram [Vandal, Karimnagar District. (CT of R3 is amended as per Court Order dt. 03.10.2024 in lA No. 212024.)

4. The Deputy Executive Engineer, PRSD, Thimmapur, Karimnagar District 5. The Station House Officer, Gannerupet Police Station, Karimnagar District. 6. Upper Primary School, Khasimpet Village, Gannervaram, IVlandal, Karimnagar 7- The District Collector, Karimnagar District. 8. The Revenue Divisional Officer, Karimnagar 9. The Tahsildar, Bejjanki Mandal, Karimnagar District. District. ...RESPONDENTS .ff/ --;'a / , -'-- ''-:::{4./ ././ ./"'' /:" I I I I 1 I I I I I I I I I I t l l I Petition under Article 226 of the Constrtution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ or order or directions particularly in the nature of Writ of Nrlandamus declaring the inaction of the Respondents more particularly the 3rd and 4th Respondents in not acting upon the Resolution d1.061O212020 of the 3rd Respondents to demolish the compound wall constructed unauthorisedly and thereby lay a Cement Road as well based on the Survey Report vide N4emo No.D1l'190/2017, dt.06/09/2018 of 8th Respondent, in the interest of justice. lA NO: 1 OF 2024 Petition under Section '1 51 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 3rd and 4th Respondents to act upon as per the Resolution Dt.06/02/2020 of the 3rd Respondent, in the interest of justice, pending disposal of the above writ petrtion. Counsel for the Counsel for the Petitioners: SRI M.V.RAJA RAAM Respondent Nos.1,2 &4: GP FOR PANCHAYAT RAJ & RURAL DEV Counsel for the Counsel for the Counsel for the Counsel for the Respondent No.3: SRI P.KISHORE RAO, SC FOR MPPZPP Respondent No.5: GP FOR HOME Respondent Nos.7 TO 9: GP FOR REVENUE Respondent No.6: -- The Court made the following: COMMON ORDER T I E I I i I I THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI \II.P.NO. 1981 0F 2017 c.c.No. 264 0F 2017 AND w.P.NO.1090 0F 2024 COMMON ORDER: Brie I lacts leacling to thc filing ol t]re above cases are thal the pctiLioners herein claim to havc constructed houses in Survel' No.27612 and are living in the same lor more than seven decadcs. Thc cloor numbers o[ the respective petitioncrs are 1-45 to 1-49. Thc peLitioners claim to be paying thc electricitl.. chargcs, house taxes, e[c. According to lhe peti[ioners, there is a 30 lcet road rn front of their houses ll,hich is abuttit,rg thc Governmer-rt school and the said road was being used for school as u'ell. Ho$,ever, the lormer Sarpanch, out of political rivalry, sought to take rcvengc against the petitioncrs herein and rzrised thci construcLior-r o[.r compouncl s.all blocking thc u,.i], of the petrtioncrs and aggricved b1r ths same, the petitioncrs filcd W.P.No_ 1981 ol 2Ol7 and this Court in W.p.M.p.No.2279 ol 2017, rlated 19.O1.2017 had directed the respondents to clcfer the construction oi the compound u,a11. Hollrever, r,r.hen the rcspor-rdcnls have not complied rvith thc said order, C.C.No.264 of 2077 u.as filed and the same is pending beforc this Court. In the mcanlimc, the Gram panchayat vide resolution datecl 2

06.O2 .2020 had resolve d to rr: move Lhe compound u'all obstructing the road and construct thc CC road rvith EGS funds. Seeking a direction to the respondents to act upon the rcsolut.ion daLed 06.O2.2020 by demolishing Lhe compound wall which lgas constructed unauthorizedly, thc writ petition i.e., W.P.No.109O of 2024 was filed. Since the common issue ol the road leading to the petitioners' houses is involvcd ir-r all lhe thrce petitions, thcy u,ere clubbed togcthcr, nere hcard and are disposed of by this common and consolidated order.

2. This Court linds that earlier the petitioners had alscr filed W.P.No.41274 of 2016 and the same was disposed of vide orclers dated 02.72.2016 directing the Revenue Divisional Officer, Karimnagar, to personall5, inspect [he sublcct land and 1o lakc note of the communication datecl 25.11.2016 of respondcnt No.4, examine the issue of construction of compound wal1, the rights asserted by the petilioncrs lor it-rgrcss and egress and thereafter take a decision and communicate the same to the petitioners expeditiously, preferably within a period o[ three weeks from the date of reccipt of a copy of the order and till the Revenue Divisional Ofhcer, Karimnagar, completes the enquiry and communicates a decision, the parties lr'ere directed to maintain status-quo as regards physical featurcs of subjcct rl-r-,"ffifl 4 ./ a., i r) land. Thereafter, thc respondents seem to have conducted a field inspection and issuecl proceedrngs No.K/ 13566l2016, dated 17.01.2017 to construct the boundary wall of the school by leavir-rg aside twelve feet land lor the purpose of passage to the pctiLioners' houses. Thereafter, the petitioners have filed W.P.No.3355 ol 2018 and the same was disposed of viclc orders dated i5.02.20 I8 dirccting the rcspondent No.2 to consider Lhe application of the petitioners, datcd 30.O1.2O17 and take necessary action in erccorclancc lvith law as pcr the Gover-nment Circulars issued from time to Limc within a period of four weeks from the date of rcceipt ol the copy of thc orclcr. The representation of the petitioncrs dated 30.0i.2017 rvas for conducting ol survey and flring the boundaries to the road, s,hich is supposcd to be ol hr,e n Ly leet widc. Thereaftcr, Lhe respondents do not seem to havc taken any action and the petitioners haci sought information with regard to the subject land, but thc ir-rformalion furnished was that there u,as no record *.ith regard to the subjcct land.

3. Thc respondents have filed a counter affidavil in W.P.No.1O9O of 2O24 stattng that they are awaiting the decisron of this Court in W.P.No.41274 ot 2016 and W.p.No.1981 of 2017. Howevcr, this Court finds that W.p.No.4t274 of 2016 has { 4 already been disposed of. Therefore, this Court deems it fit and proper to dispose of W. P_ No. 1 98 1 of 2Ol7 as well as W.P.No.1O90 of 2024, directing the respondents therein to surwey the subject land and demarcate the road as per the resolution of the Gram Panchayat dated 06 .O2.2O2O and thereafter, remove the obstructions of the compound wall and construct thc compound wall to the school. Till a decision is taken as directed above, the respondcnts arc directed to ensure that there is no obsLruclion to lhe passage to the petitioners, houses. Since both the rvrit petitions are disposed of, thc ConLempt Case is also closed.

4. In the result, (i) The W.P.Nos.1981 of 2017 & IO9O ol 2024 arc disposed of (ii) Thc C.C.No.264 of 2Ot7 is closed (iii) There shall be no order as to costs

5. Misccllaneous petitions, if any, pending in these cases, shall stand closed //TRUE COPY// SD/. V. HARI PRASAD DEPUTY REGISTRAR SECTIO FFICER To 1 2 Principal Secretary, Panchayat Raj Department' Secretariat' Hyderabad' State of Telangana. i;?"C;;;i;;i;;ei of Panchavat, state of Telangana' Urudu Galli' Hiinavath Nagar, HYderabad. .- t&.'*!!8lnli&&;: :" ) i.. l: *-. .ii,-- t :*:?'at&!tlL 'iii.--' I I /

3. The PanchaVat Secrefenr r:r-- D^^^L- , San{al r<rrirn"g#uJ#r'Gram Panchavat of Kashimpet Village, Bejjanki ffi ffi , d* * p: 8,"1,: 3 8,Ij?,:, K a ri m n a s a r D i s r ri c r i, ll; ii{ i*,1 fl; 3:* o tne Deputy Executive Engineer, pnbrj,.r:irii", / The Sarpanch Gra- p" "7i.",,"-; ^l )'^11 irrrlnmapur' Karimnagar District va t o r Ka s h i m pet Pi n cha vi i S-".i"ir",vl iilil " M;;,4 ?: ffi "il:IJ, 3#,:!'a : i5iflilI'g,r?.:Xool' Khasimpet Virlase or Gannervaram Mandar, 9. lhe District Collecror. Karimnagar District. 10. The Revenue Diui., ii,;* ss.tigy"xsn#h,$trfiJi,,,."L,;L r i " " or re ansana a, to sRt xtSuoRE RAo pusKURU, sc FoR rs zrLLA pARrsHADs ]t idr"rt? I : $g%:":?i',,ff :3i iffr:[t:i',Bt+i Ru RA L DEV Hish co urr ror the ]l l}oo":*1" ffin nevr"r.rl"E]u'g"ntJ,d ror rhe State or reransana ar IRRI & cAD' Hish court ror the State or reransana, ar .: iy."":r"t:l' ?S.ir?- wo ulj copies ,r^l ' ' GJP HIGH COURT DATED:1010412025 COMMON ORDER WP.No.1981 of 2017, C.C.No.264 OF 2017 AND WP.No.1090 of 2024 irr I tt.- (- c,) 10 ru8 2025 ( \ t ots|)4TC H ca {.' DISPOSING OF THE WRIT PETITIONS AND CLOSING THE C.C WITHOUT COSTS \8 tlEl8

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