The High Court · 2025

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 an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the Respondent No. 5 in issuing the Notice Dated 2410712025 vide Notice No. 05/ GPW/2025 for demolition of construction over the land admeasuring 3029-31 Sq.Yrds, in Sy.No.59/ 1i2l2, situated at Wankidi Kalan Village, Wankidi Mandal, Komuram Bheem, Asifabad District without issuing any prior notice and without considering the building permission Application vide No. 154 as illegal, arbitrary, against to the principles of natural justice in violation of the Provisions of Telangana Panchayat Raj, Act 2018 ;F1.4. -.,t.lC* ...I / and in violation of Articles 14, 19, (1), (g) and 21 of the Constitution of lndia and consequently set aside the notice Dated 241O712025 vide Notice No 05/ GPW12025. lA NO: 1 OF 2025 Petition under Section 15'1 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 notice dated notice Dated 24tO7t2O25 vide Notir;e No. 05/GPW/2025. Counsel for the Petitioner: SRI KANDI RAMCHANDRA REDDY Counsel for the Respondent Nos.1 and 2: GP FOR PANCHAYAT RAJ RURAL DEVELOPMENT Counsel for the Respondent Nos.3 and 5: SRI K. PRADEEP REDDY, SC FOR GRAM PANCHAYAT The Court made the following: ORDER :ir !!t$lB.zl!l;3'"ta-.dt -. {-.-r " -- -.&' tZ '1. .-1.;i. ,1 -- ' ;f, - THE IION'BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.220I9 of 2025 ORDER: This Writ Petition is filed challenging thb notice bearing No.05/GPW2025 dated 24.07.2025, issued by respondent No.5 for demolition of the construction made by the petitioner over the land admeasuring 3029.31 square yards in Sy.No.59/11212, situated at Wankidi Kalan Village, Wankidi Mandal, Komuram Bheem Asifabad District, without issuing any prior notice as violative of the principles of nahrral justice. 2 Learned counsel for the petitioner submitted that the petitioner has made an application dated 03.07.2025 seeking building permission in the land admeasuring 3029.31 square yards in Sy.No.59/l1212, situated at Wankidi Kalan Village, Wankidi Mandal, Komuram Bheem Asifabad District. The grievance of the petitioner is that without considering the said application, respondent No.5 has issued the impugned notice dated 24.07.2025 directing to demolish the construction made by the petitioner in the subject property. \ \ i ! .l 2 wp_2207

3. Learned Standing Counsel for Gram Panchayat, appearing lor respondents No.3 & 5, on instructions, submitted that the petitioner has made two applications for building perLnission on

03.07.2025 and 17.07.2025 and that the application dated

17.07.2025 ivas revefted vide order dated 23.07.2025 by giving valid reasons for such reversion. A copy of the said reversion order dated 23.01 .2025 has been f,rled before this Court.

4. Lealned counsel for the petitioner, however, pointed out that the reasons given for reversion on23.07.2025 are not reflected in the inrpugned notice dated 24.07.2025. Learned counsel for the petitione r lu rlher submitted that the respondents have also not issued any prior notice to the petitioner calling fbr explanation belore issuauce of the impugned notice. Therefoie, according to hirn, the impugned notice is in violation of the principtes of natural Jushcc

5. Having regard to the rival contentions and the material on record, this (lourt finds that the impugned notice daled 24.01 .2025 does not relel to the reversion of the building permission qpplication submitted by the petitioner though the reversion was 3 TMDJ wp_22079 _2025 prior to the impugned notice. Therefbre, it appears that the relevant facts were not taken into consideration before issuing the impugned notlce Therefore, the impugned notice dated 24.0'7.2025 issued by respondent No.5 is set aside. Respondent No.5 is directed to issue a fresh notice to the petitioner, if it intends to do so and to pass appropriate orders in accordance with law after giving sufficient opportunity ofhearing to the petitioner. The petitioner is at liberly to challenge the reversion order, il he so chooses.

6. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.

7. Miscellaneous applications, if any, pending in this Writ Petition, shall stand closed SD/- S. MALLIKARJUNA RAO TANT REGISTRAR //TRUE COPY// SECTION OFFICER To,

1. The Principal Secretary Panchayat Raj Secretariat Buildings, Hyderabad, The State Of Telangana,, Telangana State.

2. The District Panchayat Officer, Kumuram Bheem, Asifabad District' 3.TheMandalParishadDevelopmentOfficer,MandalPrajaParishad'Wankidi Mandal, Kumuram Bheem Asifabad District.

4. The Commissioner, The District And Town Country Planning, Kumuram Bheem Asifabad District.

5. The Panchayat Secretary, The Gram Panchayat,, Wankidi Village and Mandal, Kumuram Bheem Asifabad District'

6. One CC to Sri Kandi Ramchandra Reddy, Advocate IOPUC] - ,*ld ;-a,t_;:B-F

7. Two CCs to GP for Panchayat Raj Rural Development, High Court for the State of Telangana, at Hyderabad [OUT]

8. One CC to Sri K. Pradeep Reddy, SC for Gram Panchayat[OPUC] 9. Two CD Copies I Yy TJ HIGH COURT TMD,J t r oAtED'.2gto7t2o2s ORDER I I -=--1.. -.5- ,, 1..'.-- t r' t :; ;,1.u \ "\ 2{ ffP 20fr WP.No.22019 of 2025 .S,i..,r'.,, DISPOSING OF THE WRIT PETITION WITHOUT COSTS ra. ,d I tr{.