High Court · 2025
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Petition under Article 226 ol lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith' the High Court may be the nature of Writ of Mandamus' by declaring the inaction of the respondent authorities in not considering the representation submitted by the petitioner dated 1gto[l2o2sand not taring any action against the ilregar constructions made by the 7th respondent and violating the orders passed by the 3'd Respondent is illegal, arbitrary and unjust and u nconstitutional' violation of Principals of Natural Justice and consequently direct the respondent authorities to take action against the illegal constructions made by the 7th respondent j;. fA NO: 1 OF 2025 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 direct the respondent authorities to consider the representation submitted by the petitioner dated 18/08/2025, pendrng disposal of the above ivrit petition Counsel for the Petitioner: SRl. SOMA RAVI KIRAN REDDY Counsel for the Respondent No. 1&5: GP FOR PANCHAYAT RAJ RURAL DEVELOPMENT Counsel for the Respondent Nos. 2&4: GP FOR REVENUE Counsel for the Respondent No.3:GP FOR SOCIAL WELFARE Counsel for the Counsel for the The Court made Respondent No.6: SRI K. PRADEEP REDDY, Respondent No.7 : - the following: ORDER SC FOR GRAM PANCHAYAT ':.. t I THE TION'BLE SMT. JUSTTCE T. MADTIAVI DEVI WRIT PETTTION N0.26502 of 2025 ORDER: This Writ Petition is filed seeking a Writ of Mandamus declaring the inaction on the parl of the respondent authorities in considering the representation of the petitioner dated 18'08'2025 and in taking any action against the illegal construction being made by respondent No.7 as itlegal and arbitrary and consequently to direct thc respondent autholities to take action against the illegal construction being made by respondent No'7 and to pass such other order or orders.
2. Brief facts leading to the filing of this Writ Petition are that the petitioner claims to be the owner of house bearing No'2-37' Muthnur Village, Indervelly Mandal, Adilabad District, constructed three shutters facing the road with a residential house behind them' It is further submitted that the petitioner sold one shutter to respondent No.7, but he has carried out illegal construction by encroaching into the petitioner's property without any valid permission from the competent authorities. It is submitted that in 2 TMDJ wp_26502 2025 \ spite of several representations to the authorities and a status quo order from the ITDA Court, Utnoor, respondent No.7 continued the illegal construction and therefore, the petitioner rnade an application dated 03.05.2025 to respondent No.3. r.vho issued proceedings to respondent No.4 to submit a report on the illegal constmction made by respondent No.7. The grievance of the petitioner is that though respondent No.4 submitted a report dated 06.05.2025, no furlher action has been taken thereon tiil date and that the subsequent representation dated 1g.0g.2025 has also not been considered by the respondent authorities so far. Therefore. the present writ petition has been filed.
3. Learned Standing Counsel for Gram panchayat, appear.ing lbl respondent No.6 and leamed Govemment pleacler for Social welfare, appearing for respondent No.3, on instr-uctions, submitted that a notice clated 0g.05.2025 has been issued to respondent No.7 and the construction being carriecl out by respondent No.7 has been stopped. A report dated 06.05.2025 of the Tahsildar_respondent No.4 to this effect is also filed along with the copy of the instructions. ,tt -..itt, 3 wp_26sO2_2025 Leamed counsel for the petitioner' however' submitted 4. that despite the issuance of said notices' respondent No'7 is carrying on the construction activity and the construction is almost complete.
5.Inthesecircutnstances,thisCourtdeemsitfitandproper to dispose of this Writ Petition at the admission stage' with a direction to the respondents to take action against the alleged illegal construction being carried out by respondent No'7 in accordance with lar'r' by seating the premises and thereafter take action in accordance with the provisious of Section 114 of the Telangana Panchayat Raj Act, 2018 and by giving reasonable opportunity of hearing to respondent No'7'
6. With the above observations and directions' this Writ Petition is disposed of. There shall be no order as to costs'
7. Miscellaneous applications, if any' pending in this Writ - - PqtUg!.!-helL*?rq 9!"19L, //TRUE COPY// SD/-MOHD. ISMAIL DEPUTY REGISTRAR a SECTION OFFICER To, I i l I I : i : l I T. S., Hvderabad '
1. The Principal Secretary Panchayat Raj Department' Secretariat Buildings' z in"" oiltii"t 6itle"tor. Adilabad' Adilabad District 3. The Additional Agent to the Government ano'Fiolect officer, Utnoor, Adilabad a Tn-u'i"ntif Oar' lnciervelly' Adiiabad District' District. *t<ry' ''L-'€-'., -_-1':*'i i' _---* " ': - '_'t""-"s:& ,n/ ","t, ry, I n d e rve I rv : +x3,ilXi? : : j % :Xff, A',?X;"#f flEB 11, tS "3: iS'.?i'i[' t" I ffiffiry;r#!ffi $l'ff#Bt:sifl ?*iil'.:ff; l. Yll""UOn'8J'rBk REVENUE Hish court ror the state or reransana' at socrAL wELFARE' Hish court ror the state or ,,l +*:"fg1l,'l'Ji 'o* ' ' iH^;;; it HYderabad [oUr] 12.Two CD CoPtes BM BS I i j I i l , : \ 22 sEP zffi \:.. I. \-_t n ,L ,/ HIGH COURT TMD,J DATED:0810912025 ORDER WP.No.26502 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS .i L"t lLl k lt(