High Court · 2025

Petition Under Article 226 of lhe 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 wRlr oF MANDATMUS declaring the inaction of the Respondent No.3 in not taking any action on the petitioner's representation dt.22.og.2024 wilh regard to illegal construction being made by the respondents No.4 to 7 in the petitioner's land to an extent of 545 square yards equivalent to Ac 0'04 '112 guntas Chelpur Village, (old), Sy.No.1189/5/10 (new), situated at in Sy.No.'1 189/5 which is illegal, Mandal, Jai Shankar Bhupalpally District' Ghanpur (Mulug) arbitrary, principles of natural justice and violative of Article 14' 21 and 300-4 of theConstitutionoflndiaandconsequentlydirecttherespondentno.3totake actiononthepetitioner.srepresentationdt.22.os.2024withregardtoillegal construition being made by the respondents No.4 to 7 in the petitioner's land to anextentof545square.yardsequivalenttoAc.0.04l12guntasinSy.No',1189/5 (old), Sy.No.1 189l5l1O (new), situated at Chelpur Village' Ghanpur (Mulug) Mandal, Jai Shankar Bhupalpally District' t.A.NO: 10F 2024 PetitionUnderSectionl5lCPCprayingthatintheCircumstancesstatedin High Court maY be Pleased to the affidavit filed in support of the petition' the petitioner's rePresentation direct the respondent no.3 to take action dL22.08.2024, with regard to illegal construction being made by the respondents No.4 to 7 in the petitioner's land to an extent of 545 square yards equivalent to Ac.0.04'112guntasinSy.No.1189i5(old),SyNo1189/5/10(new)situatedat Chelpur Village, Ghanpur (Mulug) Mandal, Jai Shankar Bhupalpally District' pending disposal of the above writ petition' Counsel for the Petitioner : SRI J'P'SRIKANTH Counsel for the Respondent Nos"t & 2 : GP FOR PANCHAYAT RAJ AND RURAL DEVELOPMENT Counsel for the Respondent No.3 : SRI P'KISHORE RAO Counsel for the Respondent Nos'4 to 7 : - The Court made the following ORDER ;;i; THE HONOURABLE SMT WSTICE T.MADIIAVI DEVI W.P.No. 2519O of 2o24 ORDER: . In this writ petition, the petitioner is seeking a declaration that the inaction of the Respondent No.3 on the petitioner's representation dated 22.08.2024 with regard to illegal construction being made by the respondents No.4 to 7 rn the petitioner's land to an extent of 545 square yards equivalent to Ac.O.O4Yz guntas in Survey No. 1 189/5 (old), Survey No. 1189/5/ 10 (new), situated at Chelpur Village, Ghanpur (Mulug) Mandal, Jai Shankar Bhupalpally District, as illegal, arbitrary, principles of natural justice and unconstitutional and consequently to direct the respondent No.3 to take action on the petitioner's representation dated 22.O8.2O24 atd to pass such other order or orders in the interest ofjustice.

2. Learned counsel for the petitioner has frled the proof of service of notices on the respondents No.4 to 7 and it is seen from the endorsements on the covers returned by the postal department that the notices have been refused by the addressees. Further, the notices sent Lry the Registry have also been returned un-served wittr the endorsements "addressee left" \ 2 TXD'J w.P-ito. 25190 of 2024 for the respondents No.4 and 5 and therefore' in view of refusal to receive notices of the petitioner, it is deemed service 'cn the respondents No.4 to 7. In spite of service of notices' therrl is no representation on behalf of the respondents No'4 to 7'

3. lrarned counsel for the petitioner submitted that without obtaining any permission from the Gram Panc:hayat' the respondents No.4 to 7 are proceeding with illegal constructlon.

4. The learned standing counsel appearing tor the respondent No.3, has filed a counter affidavit stating that on receipt of the orders of this Court, a notice dated O3'O5'2O24 was issued to the respondent No'4, but the respondents No'4 to 7 were proceeding with the construction during the nights and on hoiidays and therefore, the second notice dated Ol 'O8'2O24 was also issued and thereafter, the construction activity has been stopped. Since the respondents No 4 to 7 also have not appeared before this Court and have not hled any counter affidavit or any other documents contrary to the stand taken by the petitioner or the respondent No'3, this Court is inclined to accept that the respondents No'4 to 7 have no permission for making constructions. The respondents No 2 and 3 are 'ar-,F, 3 TUD,J W.P,No. 2579O ol2O?4 therefore directed to take further action under Section 114 Gram Panchayat Act and also Rule 33 of the Gram panchayat Rules within a period of two (2) months from the date of receipt of a copy of this order by giving notice to respondents No.4 to 7, if necessary.

5. Accordingly, the writ petition is disposed of. There shall be no order as to costs.

6. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed. //TRUE COPY' . SD/. T. JAYASREE ASSIST NT REGISTRAR c ION OFFICER To

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4. E 6 7 "S The Principal Secretary, anc[ayat Raj Department' Secretariat building' State of Telanqana at Hyderabad, Telangana' il ; "D"b t";i F ;" i ri," vi ionii"r., J a i +il F;;;;t;i Secietarv, cnerpur Gram Panchava( chelpur Villase' G h; ;;; i M Jt'sl rt r, no rl' .l ri s ha n ka r B h u pa I pa I lv- Di strict' iffi 5c;\;e;rFon Fnuciinini nnl AriiD'RU-RAL DEVELoMENT' High c"rrit"r. til statJof Telangana at Hvderab-ad-.LQUTI 5"."' Cc tii s n i j. p. s n t xnu=r n, Ad vocate to P-u-ql. il; dc io sHr p-r<rsuoRE RAo Advocate (oPUC) ^ . h a n k a r B h u pa I p a I I v D i st ri ct' Two CD Copies SA GJPw ( ) 1Yr ; SIA/C Q^ 1i ttts ?[25 ^r i -i:: -.r.'. HIGH COURT DATED:2210112025 ORDER WP.No.25190 of 2024 DISPOSING OF THE W.P WITHOUT COSTS. ro cPdd w