Kanakam Shankar v. 1. The State of Telangana

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 toto issue a Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the inactton of the respondent Nos.2 to B in not considering the petitioner representation dated 15.09.2025 seeking removal of the illegal container dumped before the Ambekar Commun t, Hall in the Gram Panchayat premises in Sy No.1'1 1 to an extent of Ac - 00 gts situated at Bhupatipur Village, sulthanabad Mandal, peddapallr Distri rr ancl tlth respondent not implementing the Order vide Lr.No.A4l1292 of 2025_pa I, dated 17.06.2025 passed by the 4th respondent, s highly illegal, arbitrary, cons I tutronal, violation of the principles of natural justice, and also in violation of Arti;l :s 14. 19 (1) (g) and 21 of the constitution of India and consequently direct thC --.presentation dated 15.09.2025 and also direct the respondent No g to Irn rlernent order vide Lr.No A4l1292 of 2025-Pam, dated 17.06 2025 passed by t re 4th respondent to remove the illegal structure from the government land in Sy No.1 1 .1 to an extent of Ac.1.00 gts situated at Bhupatipur vilrage, sulthanabac Manciar, peddapalli District lA NO: 1 OF 2025 Petition under section 'l 51 cpc prayrng that in the c r )..rmstances stated in the affidavit filed in support of the petition, the High Col r m::y be pleased to direct the respondent No.2 to 8 to take rmmedrate aclir n on the petitioner representation dated 15.09.2025 and also direct the r--spondent No.B to lmplement order vide Lr.No.A4t1292 of 2025-pam, dated 1 ' 06 2oz5 passed by the 4th respondent to remove the i egar structure from the government land in sy.No.111 to an extent of Ac.'l .00 gts situated at Bhupatipur r/i age, Sulthanabad Mandal, Peddapalli District pending disposal of the writ petitic n Counsel for the Petitioner : SRI KALVALA SANJEEV Counsel for the Respondent Nos. 1,2,4 & i: Gp FOR pAN(:ilAyAT RAJ RURAL DEVP Counsel for the Respondent Nos. 3 & 7 : Gp FOR REVENL|I Counsel for the Respondent Nos.6 & B: SRI K. pRAEEp REDDy, SC FOR GRAM PANCHFYAT Counsel for the Respondent No. 9:--- The Court made the following: ORDER i t. I .':Fr==Fy THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PUTITION No.30099 of 2025 ORDER: The Writ Petitiorr is filed seeking a direction to respondents No.2 to 8 to remove the illegal container dunrped bctbre the Ambedkar Comrnunity Hall in the Gram Panchayat premises in Sy.No.l l I to an extent of Ac.l .00 guntas situated at Bhupatipur Vitlage, Sulthanabad Mandal, Peddapalli District 2 Leamecl counsel fbr the petitioner submitted that respondent No.9 has dumped thc containcr in Sy.No.l I1, covering an extent of Ac.0.0l guntas and is running a hotel in the said land on the ground that the land has been assigned to hint. It is submitted that lespondent No.9 is no \{'ay concemed with the said land. Learned counsel fbr the petitior.rer further submitted that on the representation/complaint given by the petitioner and other villagers, an enquiry was conducted by the Divisional Panchayat Officer and it was found that rcspondent No.9 is in illegal occupation of the land and consequently, a direction was also given to the respondents No.5 and 8 and the lVlandal Panchayat Officer, z TMD] wp._10099 2025 Sultanabad, to remo\/e the container frour the plt ntises The grier ance ol- thc petitioner is that no actioll has bec lake n by thc authoritics thcrcon t ill date. 3 Sri K. I'radeep Reddy, learned Standing ('o,rrsel lirt Grattt Panclrayat, ap1;earing for respondents No.6 rt 8, on olal instlr-lctions, subrnittcd that respondcnt No.9 hacl lten assigned Ac.0.0l gunta ol land in Sy.No. I I I bLrt hc is not ir rccuprtion of that parliculrrr land which has been assigncd to hirr, hrrt he has erected the containel in anothel place. lt is lirrther : r rbrnitte d that. after enquirv, a notice was given to respondent 'r.,.9. rvlro has approached this Courr in W.P.No.l6it83 of 2015 anr his ('ourl had directed that thc' respondents shall first cancel thc pltta issued in tavour of the petitioner therein and thcreaftel actiorr ;hall Lrc taken in accordanc c tvith law. lt is submitted that due to tlre said ordcr, thc respondent authorities have not been able to 1a.e an\/ action agai nst rcspondent No.9. 4 Learned counsel appearing for respondent 'rl .r.9 has filed a copy of theorclerdated 19.06.2025 in W.P.No. 1688r of 2025 ard submitted that respondent No.9 is in occupation of th -' land allotted w3 3 TM Dj wp_30099_2025 to him and he had constructed an old house, which was washed away in the rains and thcreaftcr, he placed the container in the said premises. It is submitted that e-ven if respondent No.9 is to be considered as an illegal cncroachcr, hc lras to be cvicted only in accordance with law, as held by this Court in W.P.No. 16883 of

5. Having regard to the rival contentions and the tnaterial on record. this Court finds that rcspondent No.4, r'rzle proceedings dated I 7 .06.2025, observed that a survey and enquitl' were conducted and it was fbund that respondent No.9 is not in occupation olthe land allotted to him but is occupying another land and therefore, a direction was given to get the container rctnoved immediately. The order of this Court dated 19.06.2025 was passed after the proceedings dated 17.06.2025, but the same was not brought to the notice of this Court. In view of thc contentions of the leamed counsel for the petitioner that the container of respondent No.9 is blocking the way of the Ambedkar Community Hatl and is causing inconvenience to the petitioner and other villagers, this Court deerns it fit and proper to direct respondent , tI \_-@ {i 4 TMD] wp 10099 2025 No.7 to identill' the land allotted to respondent Nt'. ) and permit respondent lrlo.9 to shili the container to thc said ) irce, i- he so chooses. Thc' entirc crercisc shall be cornpleted u it r rr a pcriod of trlte r'n ( l-5) days horn thc date of receipt of a copy ol t l'is oltlcr

6. With tl.re abovc directions, this Writ Petir ir r is d isposed of. fhere shrrll be no ordcr as to costs 7 Misccllancous applications, if any, pcnclir,r in this Writ Pr'titiorr, shall .tend closed. //TRUE COPY// n (\ SD/.A,V.S. PRASAD I)IiPUTV REGISTRAR \ * CTION OFFICER To, Telangana, Hyderabad. Secretariat Building, Secretariat, The State of Telangana Hyderabad. 1 The Principal Secretary. Panchayat Raj and Rural De'rr, oprnent Department 2. The Commissioner, Panchayat Raj and Rural [)( ]padment, State of 3. The Tahsildai, Sulthanabad tVandal, Peddapalli District 4. The District Collector (PW), Peddapalli, Peddapalli Distrir t 5 The District Panchayat Officer, Peddapalli District, Tela r( lana State. 6 The Divisional Panchayat Officer, Peddapalli, Peddapalli District. 7. The Mandal Parishad Development Officer, Sulthanaba J Mandal, Peddapalli 8 The Gram Panchayat, Bhupatipur Gram Panchayat BhLrpatipur Vrllage, 9 One CC to SRI KALVALA SANJEEV Advocate [OPU[:] 10.One CC to SRI K. PRADEEP REDDYAdvocate [OPU() 1'1 .Two CCs to GP FOR PANCHAYAT RAJ RURAL D:/,Hrgh Court for the 12. Two CCs to GP FOR REVENUE, High Court for tt-e State of Telangana. Sulthanapur lvlandal, Peddapalli District, Rep. by tis Se,;r etary State of Telangana. [OUT] Drstrict.

13. Two CD Copies PVL BS \rr \ t HIGH COURT DATED:0811012025 i i ORDER WP.No.30099 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS o^ \ \-t(oPYd (r ({tot' -.^ c