The High Court · 2025

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 order/s or direction more particularly in the nature of writ of mandamus declaring impugned actions and inactions of the respondent nos.1 to 5 in not taking any steps as per the law to restrain the illegalities of the 6th respondent in making illegal construction without any permission by encroaching passage of the petitioner property, situated at Thimmajipet village and Mandal, Thimmajipet Grampanchayat, Nagarkurnool District, T.S., is illegal, arbitrary and violation of fundamental rights and principles of natural justice. IA 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 Respondents 1 to 5 stop the illegal construction over approach passage which leading to the petitioners house situated at Thimmajipet village and Mandal, Thimmalipet grampanchayat, Nagarkurnool District, T.S., and pass such other order/s as may be deemed fit and proper to meet the ends of justice, pendang disposal of the above writ petition. Counsel for the Petitioners: SRI JILLELLA RAJESWARA RAO Counsel for the Respondent Nos.1 TO 4 &7:GP FOR PANCHAYAT RAJ & RURAL Counsel for the Respondent No.s: SRI R.CHANDRA SEKHAR REDDY, SC FOR DEV GRAM PANCHAYATH Counsel for the ResPondent No.6: - The Court made the following: ORDER THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION NO.386 oF 202s ORD ER In this Writ petition, the petitioners are seeking a Writ of Mandamus declaring the inaction of respondents I to 5 in taking any steps againsr. the illegal construction being made by the 6,h respondent by encroaching into the passage of the petitioners! property, as illegal and arbitrary

2. Learned counsel for the petitioners submitted that the 6,r, respondent, without obtaining any permission from the Gram panchayat, has made construction of fbur floors and in spite of several representations being made by the petitioners, no action has been taken by the official respondents. The photographs of the building are also fi led to demonstrate that the 6th respondent has constructed rour floors on the subject site. 3 Learned Standing Counsel for the 5,r, respondent Gram panchavat has relied upon the averments made in the counter affidavit stating that pursuant to the complaint received from the petitioner, the 6rh 2 W.P. No.386 o12025 -i respondent was issued several notices stafting from 01 02'2023 till

24.01.2025 . He submitted that the skeleton structure has been constructed 4, Learned counsel appearing ior the 6th respondent submitted that the 6'l' respondent is not nlaking any constmction and that the 6tr' respondent has gifted the property to his sons who are making construction. He also filed copy of the gift deed and further submitted that the sons of the 6tr' respondent have obtained pcnnission for construction for ground + 2 floors on 06'07 '2021 and have accordingly made construction. He has also filed photographs of the building' The ieamed counsel lor the 6'h respo,clent further submitted that thc sons ci the 6th respondent have made funher applications for construction permission aller the lapse of the permitted period and the same are under consideration of the 5tt' respondent.

5. Leamed counsel lor the petitioner, however, disputed gifting of the property by the 6th respondent in favour of his sons'

6. In view thereof, this Cou( deems it fit and proper to direct the 5th respondent to consider the complaint of the petitioner as well as the documents of the 6'h respondent and his sons who have sought building 3 W.P. No.366 ot2025 permission and thereafter take a decision in accordance with law, particularly in the light of the notices already issued by the 5th respondent' Till such time that the 5th respondent takes a decision, the 6rh respondent or his sons shalr not make any further construction and shalr maintain status qua obtaining as on today. The 5th respondent shall take a decision within a period of two months from the date of receipt of a copy of this order. 7 With the above directions, the Writ petition is disposed of. No order as to costs. 8 Pending miscellaneous petitions, if any, in this writ petition shalr stand closed. SD/.S. MALLIKARJUNA RAO ASSISTANT REGISTRAR To //TRUE COPYII SECTI hk,"=* Diskict. T S 1 Ilgl_lryip.rl Secretary. Panchaythraj and Rurat Devetopment _ uepartment, Secretariat, Hyderabad, State of Telangand, T.S. 2 The District collector, Nagaikurnool Naqarkunool DEtrict. T.S. 3 The D.istrict Panchayat ofticer., NagarkJrnool District, T.S. 4. Ihe Mandal Panchayat Officer, Thimmajipet Mandal, Nagarkurnool 5 The Secretary,.Thimmajipet Gram panchayat, Thimmalrpet village and 6 Qyed Salauddin Qadri, S/o. Sijauddin Aqe - 52 Vrs, Occ - Business R/o. 7. The Director, Directorate of Town and Country pianning. 4th and Sth floor, - 640 AC Guards, Govt. of Telangana, Hyderadad 500002. p One CC SRI R.Chandra- lrkfglngqqi S.C for Gram panchayath tOpUCl 9 One CC to SRt JTLLELLA BAJESWARA RAO, Advocate tOpLiCI 10. Two CCs to GP FOR PANCHAYAT RAJ & RURAL DEV, High Cburt for H.No. 3-03. Thimmajipet Villa6e and Ma.-ndal, N'aqarkurnool Dist Mandal, Nagarkurnool District. T.S. the State of Telanqana, at Hvderabad. IOUTI

11. ONE CC tO SRI R.EHANDRA SEKHAR hEOOV, SC FOR GRAM PANCHAYATH [OPUC]

12. Two CD Copies PSK. BS +ob, i n HIGH COURT DATED:0710812025 ORDER WP.No.386 of 2025 Af o,J .Io 2 .{ (j*-ti MB[u o +,'/ ..? ,,.,t DISPOSING OF THE WRIT PETITION WITHOUT COSTS I er lalar S