Sri lVlaloth Nagesh v. The State of Telangana

Sri Bhukya tVangilal, son of B.Ramu, aged about 50 years, Occ. Agriculture, Resident of Lingya Thanda, Kuravi Manda[, Mahabubabad District. Sri Bhukya Naveen, son of B.Mangilal, aged about 28 years, Occ. Agriculture, Resident of Lingya Thanda, Kuravi Mandal, Ivlahabubabad District. ...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 direction more particularl' in the nature of writ of Mandamus declaring the inaction of the Respondents 1 ,< 7 in not demolishing the illegal and unauthorized constructions carried out by ftr, , Respondents B and 9, without permission and proceeding with the constructio.r ; in G.p. Door No.7- 1 18, admeasuring 256 sq.yards, which includes the encroac lment into the public road / passage leadinq to Peereela Chavidi, by encroachir I into 42 sq.yards of land forming the land belonging to Peereela chavidi, situ a ed in Hatya Thanda shivar and Lingya Thanda Shivar, Kuravi Mandal, now afte . sub-division serole I\,4andal, tt4ahabubabad District, violating the provisions of -1 elangana panchayat Raj Act 2018, as illegal and arbitrary, inctuding a direction t > the Respondents 1 to 7 to seal the entire property raised by the Respondent llos.B and 9 vrolating the Telangana Panchayat Ral Act 2018,. lA NO: 1 OF 2025 Petition under Section 151 CpC praying lhat in the crr the affidavit filed in support of the petition, the High Court direct the Respondents 1 to 7 to immediately stop the illeg I carried out by the Respondent Nos.8 and 9 in the entire lr: sq.yards with G.P.Door No.Z- 118, including 42 sq.yards , Peereela Chavidi, by encroachin g inlo 42 sq.yards of le r belonging to Peereela Chavidi, situated in Hatya Thand r Thanda G.P., Kuravi lr,4andal, now after sub-divisit Mahabubabad District violating the provisions of Telangane 2018, pending disposal of the above writ petition. iumstances stated in may be pleased To constructions being td admeasuring 256 ,f land belonging to d forming the land Shivar and Lingya r Serole Mandal, Panchayat Raj Act Counsel for the Petitioner : SRI MANU Counsel for the Respondent Nos. 1,4 & 7: Gp FOR pANCH,a yAT RAJ RURAL DEV Counsel forthe Respondent Nos. 2 & 3: Gp FOR REVENUE: Counsel for the Respondent Nos. I & g: ---- The Court made the following: ORDER THE IIONOURABLE SMT. JTISTICE T. MADHAVI DEVI WRIT PETITIO N NO.27312 0F 2025 ORDER ln this Writ Petition. the petitioner is challenging the inaction on the pafi of respondents I to 7 in taking any action against the unauthorised constructiol-l being madc by |espondents 8 and 9

2. Accolding to thc petitioncr, the unofficial respondents eLtcroaclting into public road which is a passage lcading to Peereela Chavidi and that no action has been taken against the unofficial respondents 8 and 9 though it has been brought to the rlotice of respondents I to 7.

3. Respondcnt No.6 has tl lcd a counter affidavit stating that there was an old house bearing No.7-t18 belonging to respondents 8 and 9 and that thcy have demolished the same fbr construction of a new house and also made an application on 14.04.2025 for grant of building pcrmission. It is lurthel submitted that on receipt of objections lrom one Maloth Nehru Naik and his brother, the said application has been reveftcd on 21.04.2025 and that thcreafter, respondent No.8 has made a 2 V.P. No.27312 o12025 representation on 25.04.2025 stating that he rvill ccrr strxct the house within the limits of his old house and sought fbr buildi r I pennission and thereafter. a noticc ctt.28.04.202.5 rvas issued to thc s r cl lvlaloth Nchru Naik catling tbr subrrission ol docurrcnls to sho\\, that t espoudctlt No.8 hercin had occupied his land and that Maloth NehrLr i Iaik trad giveu a reply on 03.05.2025 stating that thc said proped),is ( r rur Kantam land and there are dispul-cs ovcr the saicl [and. It is also stat d that they have filed a suit in O.S.No.77 of 2015 on Lhe file ol I'rinc pal Junior Civil Judge at MahabLrbabad and on the basis o1' thc saicl rllbrnissions, the official respondents have revertecl the builciing peruri sion application dt.29.04.2025. It is statcd that in tl.rc mcantime, thc plcs:nt Writ Petition has been frlcd and duc to perrdency' o1- the Wlit Petit t n, no aotion has been taken on the bLrilding pcrmission application ,,1- the unofllcial respondents

4. Learned counscl fbr the petitior.rel has relied upcr thc photographs filed along u,ith the reply affidavit to state tl'r,r the unofficial respondents are proceeding with the construction in thc rubject land

5. Leamed Standing Counsel lbr lespondent Ciri.r r Panchayat has also forwarded copies ol photographs to dcrnonstralc trat there was an 3 w.P. No,27i l2 of 2025 old house in the sub.ject land rvhich has been demolished and subsequently in the same land, neu, construction is being made

6. The unofJicial respondents have also appeared personally and expressed their anguish over not being allowed to make construction ol their house. The1, have submitted that the petitioner is harassing them wantonlv in order to usurp their propelty-.

7. Having regard to the rival contentions and the material on record, ! this Courl linds that aclmittedly respondents 8 and 9 ale owners of thc I land bearing G.P. [)oor No.7-ll8 and the photographs filed by the learned Standing Clounsel fbr the lespondent Gram Panchayat show that thcre was an old house in the said land which has been demolished by respondents 8 and 9 and they arc constructing a new house thereon However, they need to obtain per-rnission from the authorities to do so Since they have already made applications and the same were revefted on some objections and l[ ls stated that rcspondents 8 and t have submitted a fresh application, this Court deems it frt and proper to direct the official respondents to consider the tiesh application of respondents 8 and 9 and pass appropriatc oldcrs thereon expeditiously without reference to thc suit filed by the pctitior.rer in O.S.No.77 of 2025 on the 4 l\/.I'j. No 27i I2 oll025 file of PrinciprLl JLrnio'civil Judgc, MahabLrbabad ar r till sLrch tirnc a decision is takcn on tlreir application, iespondents g a.r () ar-e directcd to matntain stalus cluo as on today

8. With thc abo'c directio,s. tltc Writ l)ctiti.rr r: Jisp.scd rif. \cr order as to cos(s

9. Pending ntiscellaneous petitions, if anv. in this \\ 1i1 [,,--tition shall stand closed. 'iAil,1',1+''-t'S'1'-X'-" ,-- -a //TRUE COPY// .ISECTION OFFICER To, 1

2. 3 4 5 t) 7 . nula^ "1?",T' SJJI:,:#;'B',1; S:t"lii : )everopment, Dr. BR. The principal secretary.^ panchayat Rai 110 Ambekdar Telangana t";;i;;J;' iI' rtoo.. sa'r rbad The State ot Telangana, HYderabad' " Department rhe state of rer a nsan a Rep Dr. BR Ambekdar Telangar The District Collector, Office Collectorate' Mahabub I rad Town and District' trilahabubabad, T G' nt' orri ce o r ffi -:s*ru: t",T:h.iil:i ati),ffi 1,3fli'5Jl''\'l i i""J: 3 ;n,WS.:,lY}1lif,l,Ifl i:[,1,0.,i1"3i'i'T'3[:: rhe Panchavat secrelary' off @ 'rXfi 33il*lr"J3,lH:,#'3'';'mi' t o "' I::,:,:"fi ilxlX, One CC to SRl. MANU Advocate [OPUCI t, fr'il i#;5:' i ;,.}Jl3Jfi "llilf''l? )J'l ch a v r' G o p a r h a nd a V i I I as e' ) Panchavat and Rurar 3i,"i3y;,?50'8,31.3.:fJ' " * " )EV, High Court for the 8 I 1O.Two CCs to GP FOR REVENUE' High Co"t fo' I[?"""??J;,"35I?&?| *"roYAr RAJ RURAL

11.Two CD CoPies \fi-- ^ ^ lhe State of Telangana E HIGH COURT DATED:2210912025 ORDER WP.No.27312 of 2025 -?:='':-1 ,/- -..^ - ..t .-rt1 '"" /' - ' ' : 1 B4 ?tr ... Or.,, \i DISPOSING OF THE WRIT PETITION WITHOUT COSTS (tr 1 \I

Sri Bhukya tVangilal, son of B.Ramu, aged about 50 years, Occ. Agriculture, Resident of Lingya Thanda, Kuravi Manda[, Mahabubabad District. Sri Bhukya Naveen, son of B.Mangilal, aged about 28 years, Occ. Agriculture, Resident of Lingya Thanda, Kuravi Mandal, Ivlahabubabad District. ...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 direction more particularl' in the nature of writ of Mandamus declaring the inaction of the Respondents 1 ,< 7 in not demolishing the illegal and unauthorized constructions carried out by ftr, , Respondents B and 9, without permission and proceeding with the constructio.r ; in G.p. Door No.7- 1 18, admeasuring 256 sq.yards, which includes the encroac lment into the public road / passage leadinq to Peereela Chavidi, by encroachir I into 42 sq.yards of land forming the land belonging to Peereela chavidi, situ a ed in Hatya Thanda shivar and Lingya Thanda Shivar, Kuravi Mandal, now afte . sub-division serole I\,4andal, tt4ahabubabad District, violating the provisions of -1 elangana panchayat Raj Act 2018, as illegal and arbitrary, inctuding a direction t > the Respondents 1 to 7 to seal the entire property raised by the Respondent llos.B and 9 vrolating the Telangana Panchayat Ral Act 2018,. lA NO: 1 OF 2025 Petition under Section 151 CpC praying lhat in the crr the affidavit filed in support of the petition, the High Court direct the Respondents 1 to 7 to immediately stop the illeg I carried out by the Respondent Nos.8 and 9 in the entire lr: sq.yards with G.P.Door No.Z- 118, including 42 sq.yards , Peereela Chavidi, by encroachin g inlo 42 sq.yards of le r belonging to Peereela Chavidi, situated in Hatya Thand r Thanda G.P., Kuravi lr,4andal, now after sub-divisit Mahabubabad District violating the provisions of Telangane 2018, pending disposal of the above writ petition. iumstances stated in may be pleased To constructions being td admeasuring 256 ,f land belonging to d forming the land Shivar and Lingya r Serole Mandal, Panchayat Raj Act Counsel for the Petitioner : SRI MANU Counsel for the Respondent Nos. 1,4 & 7: Gp FOR pANCH,a yAT RAJ RURAL DEV Counsel forthe Respondent Nos. 2 & 3: Gp FOR REVENUE: Counsel for the Respondent Nos. I & g: ---- The Court made the following: ORDER THE IIONOURABLE SMT. JTISTICE T. MADHAVI DEVI WRIT PETITIO N NO.27312 0F 2025 ORDER ln this Writ Petition. the petitioner is challenging the inaction on the pafi of respondents I to 7 in taking any action against the unauthorised constructiol-l being madc by |espondents 8 and 9

2. Accolding to thc petitioncr, the unofficial respondents eLtcroaclting into public road which is a passage lcading to Peereela Chavidi and that no action has been taken against the unofficial respondents 8 and 9 though it has been brought to the rlotice of respondents I to 7.

3. Respondcnt No.6 has tl lcd a counter affidavit stating that there was an old house bearing No.7-t18 belonging to respondents 8 and 9 and that thcy have demolished the same fbr construction of a new house and also made an application on 14.04.2025 for grant of building pcrmission. It is lurthel submitted that on receipt of objections lrom one Maloth Nehru Naik and his brother, the said application has been reveftcd on 21.04.2025 and that thcreafter, respondent No.8 has made a 2 V.P. No.27312 o12025 representation on 25.04.2025 stating that he rvill ccrr strxct the house within the limits of his old house and sought fbr buildi r I pennission and thereafter. a noticc ctt.28.04.202.5 rvas issued to thc s r cl lvlaloth Nchru Naik catling tbr subrrission ol docurrcnls to sho\\, that t espoudctlt No.8 hercin had occupied his land and that Maloth NehrLr i Iaik trad giveu a reply on 03.05.2025 stating that thc said proped),is ( r rur Kantam land and there are dispul-cs ovcr the saicl [and. It is also stat d that they have filed a suit in O.S.No.77 of 2015 on Lhe file ol I'rinc pal Junior Civil Judge at MahabLrbabad and on the basis o1' thc saicl rllbrnissions, the official respondents have revertecl the builciing peruri sion application dt.29.04.2025. It is statcd that in tl.rc mcantime, thc plcs:nt Writ Petition has been frlcd and duc to perrdency' o1- the Wlit Petit t n, no aotion has been taken on the bLrilding pcrmission application ,,1- the unofllcial respondents

4. Learned counscl fbr the petitior.rel has relied upcr thc photographs filed along u,ith the reply affidavit to state tl'r,r the unofficial respondents are proceeding with the construction in thc rubject land

5. Leamed Standing Counsel lbr lespondent Ciri.r r Panchayat has also forwarded copies ol photographs to dcrnonstralc trat there was an 3 w.P. No,27i l2 of 2025 old house in the sub.ject land rvhich has been demolished and subsequently in the same land, neu, construction is being made

6. The unofJicial respondents have also appeared personally and expressed their anguish over not being allowed to make construction ol their house. The1, have submitted that the petitioner is harassing them wantonlv in order to usurp their propelty-.

7. Having regard to the rival contentions and the material on record, ! this Courl linds that aclmittedly respondents 8 and 9 ale owners of thc I land bearing G.P. [)oor No.7-ll8 and the photographs filed by the learned Standing Clounsel fbr the lespondent Gram Panchayat show that thcre was an old house in the said land which has been demolished by respondents 8 and 9 and they arc constructing a new house thereon However, they need to obtain per-rnission from the authorities to do so Since they have already made applications and the same were revefted on some objections and l[ ls stated that rcspondents 8 and t have submitted a fresh application, this Court deems it frt and proper to direct the official respondents to consider the tiesh application of respondents 8 and 9 and pass appropriatc oldcrs thereon expeditiously without reference to thc suit filed by the pctitior.rer in O.S.No.77 of 2025 on the 4 l\/.I'j. No 27i I2 oll025 file of PrinciprLl JLrnio'civil Judgc, MahabLrbabad ar r till sLrch tirnc a decision is takcn on tlreir application, iespondents g a.r () ar-e directcd to matntain stalus cluo as on today

8. With thc abo'c directio,s. tltc Writ l)ctiti.rr r: Jisp.scd rif. \cr order as to cos(s

9. Pending ntiscellaneous petitions, if anv. in this \\ 1i1 [,,--tition shall stand closed. 'iAil,1',1+''-t'S'1'-X'-" ,-- -a //TRUE COPY// .ISECTION OFFICER To, 1

2. 3 4 5 t) 7 . nula^ "1?",T' SJJI:,:#;'B',1; S:t"lii : )everopment, Dr. BR. The principal secretary.^ panchayat Rai 110 Ambekdar Telangana t";;i;;J;' iI' rtoo.. sa'r rbad The State ot Telangana, HYderabad' " Department rhe state of rer a nsan a Rep Dr. BR Ambekdar Telangar The District Collector, Office Collectorate' Mahabub I rad Town and District' trilahabubabad, T G' nt' orri ce o r ffi -:s*ru: t",T:h.iil:i ati),ffi 1,3fli'5Jl''\'l i i""J: 3 ;n,WS.:,lY}1lif,l,Ifl i:[,1,0.,i1"3i'i'T'3[:: rhe Panchavat secrelary' off @ 'rXfi 33il*lr"J3,lH:,#'3'';'mi' t o "' I::,:,:"fi ilxlX, One CC to SRl. MANU Advocate [OPUCI t, fr'il i#;5:' i ;,.}Jl3Jfi "llilf''l? )J'l ch a v r' G o p a r h a nd a V i I I as e' ) Panchavat and Rurar 3i,"i3y;,?50'8,31.3.:fJ' " * " )EV, High Court for the 8 I 1O.Two CCs to GP FOR REVENUE' High Co"t fo' I[?"""??J;,"35I?&?| *"roYAr RAJ RURAL

11.Two CD CoPies \fi-- ^ ^ lhe State of Telangana E HIGH COURT DATED:2210912025 ORDER WP.No.27312 of 2025 -?:='':-1 ,/- -..^ - ..t .-rt1 '"" /' - ' ' : 1 B4 ?tr ... Or.,, \i DISPOSING OF THE WRIT PETITION WITHOUT COSTS (tr 1 \I