✦ High Court of India · 03 Jan 2025

Venkat_Ramulu @ Venkat Ramulu Goud v. Mr Raghunandan Rao

Case Details High Court of India · 03 Jan 2025
Court
High Court of India
Decided
03 Jan 2025
Bench
Length
1,300 words

2. lrlr.Dasari Harichandana, LA.S., The District Collector, Mahabubnagar, (Presently Narayanpet District) [Mahabubnagar District, Telangana State. 3. Mr. K. Murali, l.A.S., The District Panchayat Officer, Mahabubnagar District, (Presently Narayanpet Disfrict) At Mahabubnagar, Telangana State-. 4, Mr. N. Raju, The Station House officer, Maddur Police Station, Maddur Mandal, Mahabubnagar District. (Presently Narayanpet District) Telangana State.

5. Mr. K. Venkatesh, Dorepally Gram Panchayat, Rep. by its Panchayat 9ecretary, Dorepally, Maddur Mandal, Mahabubnagar District, (Presenfly Narayanpet District) Telangana State.

6. Praveen Kumar, S/o Balakishtaiah, Age: 33 years, Occ: Agriculture, R/o Dorepally Village, Maddur Mandal, Mahabubnagar District, (Presently Narayanpet District) Telangana State. ... Respondents l Counsel for the Petitioner: Sri D.L. Pandu Counsel for the Respondents No.1 to 3: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent No'4: GP FOR HOME Counsel for the Respondent No'5: Sri R' CHANDRA SHEKAR REDDY (SC FOR TS ZILLA PARISHADS) Writ Pdtition No.37620 of 2018 Between: \/enkat Ramulu @ Venkat Ramulu Goud, Sio Hanmaiah @ Hanmaiah Goud, i.",'?e v"iri d". Conductor, TSRTC & Agriculture, R/o Dorepally village, 'Hll"rOO w Niandal, Mahabubnagar District' Telangana State' ...Petitioner AND

1. The State of Telangana, Rep by rts Principal- Secretary Panchayat Raj Department, Secretariat, Hyderabad' Telangana State'

2. The Commissioner, Panchayat Raj, Telangana State, at Hyderabad' 3. The District collector, IVlahabubnagar, Mahabubnagar Diskict, Telangana State

4. The District Panchayat officer, Mahabubnagar District, at Mahabubnagar, Telangana State.

5. The Station House officer, Maldur Police Station, Maddur Mandal, Mahabubnagar District, Telangana State. HlaOdur Mandal, Mahabubnagar District, Telangana State' 6 Dorepally Gram Panchayat, Rep. by its Panchayat Secretary, Dorepally' - 7. Praveen Kumar, S/o Balakishtaiah, Age: 33 years, Occ Agriculture, R/o ' boiepatly Village, Maddur Mandal, Mahabubnagar District' Telangana State' ...Respondents petition under Article 226 of lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be oleased to iSSUe an appropriate writ, order or direction more particularly one in if'e nature of Writ of [\4andamus declaring the action of the official respondents in not taking action on the representation of the petitioner dated l 8-09-2018 to stop tne ittegai construction by the 7th unofficial respondent in the petitioner's property in Sy.No.192-A-AA/1 , admeasuring Ac.O.27 gts and Sy.No. 192/AAIA dry admeisuring Ac.O.14 gts situated at Dorepally Village, Maddur Mandal, Mahabubnagar District, Telangana State as arbitrary, illegal and u n constitutiona I and contrary to Panchayat Raj Act and Rules. ;ia'r ililt lA NO: 1 OF 2018 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 th-e- offlcial respondents to stop the illegal construction being made by the / " unotttctal respondent in the petitioner's property in Sy. No,1 92-A-AA/1 , admeasuring Ac.0.27 gts and Sy.No.192IAA/A dry admeasuiing Ac.0..,l4 gts situated at Dorepally village, tr/addur Mandal, Ivlahabubnagar District, Telangana State, pending disposal of the main writ petition. lA NO: 1 OF 2023 Between: '1. The State . of Telangana, Rep by its principal Secretary panchayat Raj Ilepartment, Secretariat, Hyderabad, Telangana State. 2- The Commissioner, Panchayat Raj, Telangana State, at Hyderabad. 3 The District Collector, Mahabubnagar, tvlahabubnagar District, Telangana State. 4, The District Panchayat Officer, Telangana State. Mahabubnagar District, at [\ilahabubnaga r, ...Petitioners/Respondent Nos. 1 to 4 AND 1 Venkat^Ramulu @ Venkat Ramulu Goud, S/o Hanmaiah @ Hanmaiah Goud, Age: .49 -years,. Occ: Conductor, TSRTC & Agriculture, R/o Dorepally village, [/addur lt/andal, Mahabubnagar District, Telangana State.

2. The Station House officer, Maddur Mahabubnagar District, Telangana State ...RespondenUPetitioner Police Station, [\iladdur Mandal, D,orepally, Gram Panchayat, Rep. by its Panchayat Secretary, Dorepally, Maddur lVlandal, Mahabubnagar Diskict, Telangana State. Praveen Kumar, S/o Balakishtaiah, Age: 33 years, Occ: Agriculture, R/o Dorepally Village, Maddur lrrlandal, Irlahabubnagir District, Telangana State. 4 ... Respondents/Respondent Nos.5 to 7 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 vacate the interim order daled.12-10-20'18 in lA.No.1 of 2018 in W,p.No.37620 of 2018 and also dismiss the Writ Petition. Counsel for the Petitioner: Sri D.L. Pandu Counsel for the Respondents No.1,2 & 4: GP FOR PANCHAYAT RAJ Counsel for the Respondent No.3: GP FOR REVENUE DEPARTMENT Counsel for the Respondent No.5: GP FOR HOME Counsel for the Respondent No.6: Sri G. Narender Reddy The Court made the following: COMMON ORDER THE HONOURABLE SMT. JUSTICE T. IT,IADHAVT DEVI CONTEMPT CASE No.729 oF 20.20 IN/AND WRIT PETITIoN No.37620 of 2OLa COMMON ORDER: In the writ petition it is alleged that the unofficial respondent is making construction in the petitioner,s properly without obtaining any permiss ion. Vid.e interim order, dated I2.7O.2OI8, tJrere was a direction to stop the construction. When the respondents did not comply with the said direction, the petitioner filed C.C.No.729 of 2O2O. 2' The respondents have rrled a counter affidavit in the contempt case as well as in the writ petition, stating that respondent No.7 has not obtained any permission for the construction and in spite of the issuance of notices, he did not stop the construction but proceeded with the construction in the nights, and thereafter by taking police protection, the construction has been stopped. The counter affidavit filed by respondent No.6 also discloses that respondent No.7 has not obtained any permission for construction, and the construction has been stopped. \ \ t I I I 2

3. There is no appearance on behalf of respondent No.7, in spite of the vakalath being filed on his behalf for the last two weeks, and also there is no appearance of respondent No.7.

4. In view of the above submissions made by both the parties and aLso the counter affidavit of respondent No.6, this Court deems it fit and proper to dispose of the writ petition directing respondent No.6 to take action against the constructions made by respondent No.7 in accordance with law. Respondent No.7 shall not proceed with fi.rrther constructions.

5. With the above observations, this writ petition is disposed of and contempt case is closed. There shall be no order as to costs.

6. Miscellaneous applications, if any, pending in this writ petition, shall stand closed. Sd/. M. RAMANA KRISHNA DEPUTY REGISTRAR //TRUE COPY// S li\r/t ECT ION OFFICER

1. Panchayat Secretary, Dorepally Gram Panchayat, Dorepally, It/addur Mandal, Mahabubnagar. Mahabubnagar Diskict. Telangana State.

2. One CC to tt/l/s. D. L. Pandu, Advocate [OPUC] 3. One CC to Sn G Narender Reddy, Advocate [OPUC] 4. Two CCs to GP FOR PANCHAYAT RAJ, High Court for the State ot Telangana [OUT] To, &-_- Y fwo CCs to Gp FOR REVENUE, High Court for the State of Telangana at Hyderabad [OUT] Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad [OUT] Two CD Copies / \ 7 kam/gh $ _l t I 111 5l TAI \c <) ( o L, Lr r ']fi li. I (ltl,.i 04 * DIi.!I',\TC * HIGH COURT DATED:0310112025 \ \ COMMON ORDER CC.No.729 o12020 IN/AND WP.No.37620 of 2018 DISPOSING OF THE WRIT PETITION THE CONTEMPT CASE IS CLOSED cg'io 2

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