The High Court · 2025

Petition under Article 226 of the Constitution of ln:lia praying that in the circumstances stated in the affidavit filed therewith, thr: High Court may be pleased to issue a Writ, Order or Direction, more particula l' one in the nature of Writ OF I\,4ANDAIVUS. a) Declaring the inaction of official Fl€spondents No. 4 and 5 on petitioner No. 1 representations dated Ogl08l2121 atr 2610812A23 and the Representation of Respondent No. 9 dated O5t11t2021 for s h fting the Transformer installed by Respondent No. I for the Rice fvlill in the desig rzrted Gram Panchayat road adjacent to the private land of the petitioners in the re;rriential area in Sy No. 257lBl1 without following the due process of larv s illegal arbitrary, u nconstitutional, against the principles of natural justice, a n J violatior^ of Articles 14,21 and 3004 of the constitution of lndia, consequently direct respondents 4 and 5 to consider the Representation of the Petitioner OglA)12021 and 2610812023 and the Representation of Respondent No. 9 dated 05i1 112021 at.d shift the Transformer from the designated Gram Panchayat road irclacent to the private land of the Petitioner in Sy No. 257lBl1 and be pleased to trrass any other order or orders as this Honourable Court deem fit and prope in the facts and circumstances of the case in the interest of justice. b) [)eclaring the action of Respondent No.6, 7 and 8 re;ecting the application of )r:titioner No.2 dated 0410512022 and Representation dated 05/05/2022 fo. house construction permission showing that the existing Transformer adjac€ n - to the land of the petitioners despite the Respondent No. 9 submitting letter da ed 05/11l2023 to the Respondent No. 5 and 6 for shifting of the Transformer, de;I ite the Nc objections daled 2011212021 and 3110112022 issued by Gram parc rayat for shifting of Transformer, despite the legal opinion dated 04/0 1/2023 [rom the Government Pleader in favour of sanctioning the house constructior permission to the Petitioner, is illegal, arbitrary, unco nstitutio nal, against th: princrples of natural ronstitution of lndia, justice, and violation of Articles 14,21 and 3004 of th€ consequently direct respondents 6, 7 and 8 to consider ti e application of the i :i -l qlr*,, petitioner No.2 for house construction permission and issue house construction permission to the petitioner No. 2. lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed rn support of the petition, the High Court may be pleased to direct Respondents No.6,7 and 8 to grant the house construction permission to Petitioner No.2 by considering her application dated O4lO5t2O22 and Representation daled O5lO5l 2022. lA NO: 2 OF 2023 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 direct Respondents No. 4 and 5 to shift the Transformer installed by Respondent No. 9 for the Rice Mill in the designated Gram Panchayat road adjacent to the private land of the petitioners in the residential area in Sy No. 257lBl1 without following the due process of law by considering the Representation of petitioner No. 1 dated Oglo8l2021 and 261O812023 and the Representation of Respondent No. I dated 0511112021 for shifting the Transformer. Counsel for the Petitioner: SRI B. KARTHIK NAVAYAN Counsel for the Respondent Nos.1,4 and 5: GP FOR ENERGY Counsel for the Respondent 2 &3: GP FOR PANCHAYATH RAJ & RURAL DEV Counsel for the Respondent No.6 to 8: SRI R. CHANDRA SHEKAR, SC The Court made the following: ORDER ,/:-. THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA IVRIT PETITION No.27294 of 2023 ORDER: The Petitioners have approached this Cour( under Arti:le 226 of the Constitution of India, seeking issuancc of a rvrit of M:rnlamus, primarily directing the official respondents to acr upon thr-'ir and respondent No.9 representations for shilting rr: a transformer installed by Respor-rdent No. 9 allegcdly on the Gr:r n Panchayat road adjacent to the Pctitioners' land in Survel' No.257llt/ 1, ancl further seeking a directron to grant house constrrr61i,,n pe.rmis:,ion Lo Petitioner No. 2.

2. Heard learned counsel for the petitioners; k': rrred Government Pleader for Energr' Departmcnt, for respondent Nr s L, 4 and 5 and Sri R. Chanclra Shekar, Iearned Standing Couns lfor respondent Nos. 6 to 8.

3. The Petitioners claim that the transforrn. r was installed without follo',ving due process and is nou, obstruc:irrg their right to utilize their residential land. Despite representat r()r. s made by the petitioners as well as respondent No.9 himself seek rrg shifring of the lransformer, the officiai respondents have allegedll lrLilecl to a,:t. The Petitioners contend that this inaction violates Arlir es 14, 2 I , and 30O-A of the Clonstitution of India. ^\ '."\:- !e 2

4. Respondent No.6 and 8 have hled counter affidavits stating that the Petitioners' initial application for house construction was made offline, which is not permissible under the Telangana Panchayat Raj Act, 2018 (for short, "the Act"). Subsequent online applications were rejecLed due to non-compliance of proximity norms regarding electric supply lines, as per G.O. Ms. No. 67 and discrepancies in plot area in the building plan. The Transformer is not on the Gram Panchayat road but on private land used by respondent No. 9 for a rice mill for the past 20 years. There exists a pending civil suit i.e. O.S. No. 38 of 2022 beLween the petitioners and respondent No. 9, involving title and right of access to the road in question. Therefore, respondent Nos.6 and 8 submit that the Writ Petition is not maintainable at this stage, and the petitioners ought to have pursued the statutory appellate remedy available under Sgction I2l of the Act by hling an appeal before the District Collector..

5. Upon hearing learned counsel for the petitioners; Ieamed Government Pleader for Enerry Department, for respondent Nos l, 4 arrd 5 and Sri R. Chandra Shekar, learned Standing Counsel for respondent Nos. 6 to 8 and perusing the material available on record, this Court hnds that there appears to be substantial factual dispute regarding ttre location of the transformer, ownership ol the road, and / 3 u'hether it lalis rvithin Gram Panchayat limits. lhe petitioners, though aggrieved by the rejection of their constnr( ron application, did not exhaust the alternatc remedy available urrrlcr Section 121 of the Act. The existence of a civil suit i.e. O.S. No. 3S , f 20'22 involving the same subject matter indicates that private t rr rl rights are in dispute, lr.hich cannot be adjudicated in a u,rit pe tit r )n ur-rder Article

6. In view of the above, this Court deems it appr:rprizrrc to clisposc of the Writ Petition, reserving liberly to the petitiortcrs to pursue the statutory renrcdies available to them, including rn a1;peal under Sec[ion 121 of the Act, and to seek appropriate re.l , in the pcnding cir.il proceedings or by initiating fresh civil procecdings, in accordance with law, if so advised.

7. Accordingly, the Writ Petition is disposed o[. N,r r:osts. Miscellaneous applications, if any pending, slra l stand closed. //TRUE COPYII SD/. M. NAGAMANI ASI;ISTANT REGISTRAR t9- SECTION OFFICER To, 1 The Special Chief Secretary.E.nelgy Department, The Srate of Telangana, Dr . PIIlI?"9tar Tetangana State Setretiriat, Hyderaba, i rerangan,r _-500022 ;1. Secretary to Government Panchayat Raj and Rural De.,,.lopme"nt. Dr B R ^ [email protected], State Secr6tariat; Hyderabad, T rt rngana ISOOOZI --- 3. District Collector,, Mancherial District Mancherial, Telarr(rani SO+ZO8 4. Superintendent Engineer, (TSNPDCL), Telangana Star , Norlhern power ursrnouuon uompany ot I erangana Ltd Hitech corony. I..'ancherial. Telangana 504208. ,#

5. Additional Assistant Engineer/Op/Jannaram (TSNPDCL), Telangana State Northern Power Distribution Company of Telangana Ltd Jannaram, District Mancherial, Telangana 504208

6. District Panchayat Officer (D.P.O.),, [/ancherial District Gopal Wada, Mancherial, Telangana 504302 Mancherial, Telangana -5O42O5

7. The Executive Officer, Ponkal Gram panchayat Jannaram l/andal District 8. Panchayat Secretary,, Ponkal Gram Panchayat Jannaram Mandal District 9. One CC to Sri B. Karthik Navayan, Advocate [OPUC] 1 0. Two CCs to GP for Energy, High Court for the State of Telangana, at lrilancherial, Telangana -504205

11.Two CCs to GP FOR PANCHAYAT RAJ & RURAL DEV, High Court for the \ Hyderabad [OUT] State of Telangana. [OUTI

12. One CC to Sri R. Chandra Shekar, SC[OPUC] 13.Two CD Copies T J lq. one n- {o \x z-oHa[fr:.t'*h' Et- cqN() G.JP' ' YT v,,} HIGH COURT DATED:1310812025 I I I I I I I I I I I I ( ORDER WP.No.27294 of 2023 ,\ -,,.: \. i 7 rrl rui (, '' -1. f I :.'.,/ DISPOSING OF THE WRIT PETITION WITHOUT COSTS \ grsna *r*w