The High Court · 2025
Case Details
1 Tulchamolla Balavardhan Reddv, S/o. Narayana Reddy, Age.45 years, Occ' Cement Trading Business, At'Sy.No.406 of Vennached Village' Gandeed -Ryo. Vennached Village, Gandeed Mandal, VanOat, UanaU6obnagar District, Mahaboobnagar District. giti SriniraS, S/o. Dasharath, Age.42 years' Occ. Tent House Business, At svltio.aOO of Vennached Villaqe,-Gandeed Mandal, Mahaboobnagar District, R7o. Vennached Village, Gandeed Mandal, Mahaboobnagar District' rfri eiiwjrai, S/o.-Bilakistaiah, Age. 43 year9,. Q9c, Footwear s[9p,.At su r.ro.+oo ot Vennached Villaqe. Ga;deed Mandal, Mahaboobnagar District, -Viltage, Gandeed Mandal, Mahaboobnagar Rio. H.No.2-67 Vennached District. fr,fof,A bnanO Pasha, S/o. Abdul Haffez Age.45 years, Occ. Bakery s!op' At S, t lo +OO of Vennached Villaqe, Gandeed Mandal, Mahaboobnagar District, -Village, Gandeed Mandal, Mahaboobnagar nio. H.No.Z-SZ Vennached District. W/o. Pandu Ranga, Age.41 years, Occ. Textile s!op' At Vadla s"r.t. atjO of Vennached Villaqe, Gandeed Mandal, Mahaboobnagar District, -Vitlage, Gandeed Mandal, Mahaboobnagar nio. H.tto S-Sg Vennached District. rti|-r.iii6sn, S/o. Sataiah, Age. 39 years, occ. Bakery shop, f! s1,tl9 J.0.0 9t VennacneO Village, Gande-ed Maridat, Maha.boobnagar District, R/o' H No 2- '1 1 Vennached Viilaoe. Gandeed Mandal, l\ilahaboobnagar District. ViO'ri Sai-krmar, S%. panOu Ranga Chari, Age.40 ye-rs, Occ. Wood works, at Sv trto.+OO oi Vennached Village' Gandeed Mandal, Mahaboobnagar nyo. H.No.3-98 VennZched Village, Gandeed Mandal, Oistd6i, Mahaboobnagar District. ...'ET'T'ONERS 'Hvmavathi. - 6 7 5 AND
1. The State of Telangana, Rep by its Principal Secretary (Panchayat Raj and Rural Development), Secretariat' Hyderabad. 2. The District Collector, Mahboobnagar District 3. The Di.strict Panchayat Officer, Mahboobnagar District. +. fne pincnayat Se6retary, Vennached Gr-mpanchayat, Vennached Village, 5 M. S;i kffi;i Slo. ttt Narsiri'g Rao, Aged about 26 years, R/o H No 1-103/1, Ganded Mandal, Mahboobnagar District. Rangampet Village, Gajwel Mandal, Siddipet District. ...RESPONDENTS Petition under Article 226 of the Constitution of lncli I praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Writ, Order or Direction, particularlr one in the nature of Writ of Certiorari, quashing the impugned notice dated 2311212025 issued by the 4th respondent, by directing the petitioners individual sev;n shops situated in Sy.No.406 of Vennached Village, Gandeed Mandal, Mahabc cbnagar District, and declare the action of the respondents as illegal, arbitrary ar I violative of Articles 14 and 21 of the Constitution of lndia. and consequently lrant interim stay of operation of the impugned notice dated 2311212025 lA NO: 1 OF 2025 Petition under Section 15'l CPC praying that in the c r lumstances stated in the affidavit filed in support of the petition, the High Court rr ry be pteased to stay all further proceedings pursuant to the impugned notice date j 23t12t2O25, issued by the 4th respondent, with a direction to vacate the busines ; premises pertaining to petitioners i. e., seven shops situated in Sy-No.406 r,f Vennached Village, Gandeed Mandal, Mahaboobnagar District Counsel for the Petitioner: SRI G. PREM KUMAR REP SRt. Vt. DURGA PRASAD Counsel for the Respondent Nos. 1&3: GP FOR PANCHA\,, rT RAJ RURAL DEV Counsel for the Respondent No.2: AGP FOR REVENUE Counsel for the Respondent No.4: SRI K. PRADEEP REDI /, SC FOR GRAM PAh(:HAYAT Counsel for the Respondent No.5:-- The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SMT. JUSTICB T. MADHAVI DEVI WRIT PETITION NO.39936 OF 2025 DATED .24.12.2025 Between Tulchamolla Balavardhan Reddy and 6 others ... Petitioners AND The State of Telangana rep. by its Principal Secretary, (Panchayat Raj and Rural Development), Secretariat, Hyderabad and 4 others ... Respondents ORDER In this Writ Petition, the petitioners are challenging the notice d1.23.12.2025 issued by respondent No.4 by directing the petitioners to vacate the subject shops so that action can be taken under Section I [4 of the Telangana Panchayat Raj Act, 2018.
2. The petitioners claim to be tenants of the respective shops and thcl havc invested some money to establish the subject shops. It is 2 W.P. No.19936 o12025 stated that if action is taken for demolition of the shc,; s, the petitioners would suffer ireparable loss and it is further stated t 1 rt without giving any show-causc notice to the petitioners, the impu: red notices have been issued to vacate tl-re shops and therefore, it ir in violation of principles of natural .justice.
3. Learned Standing Counsel for respondent Gran )anchayat, on the other hand, has pointecl out that action is being tak: I pru'suant to the directions ol this Courr in W.P.No.9583 of 2024 dt : 0.04.2025 and in Contempt Case No.2430 of 2025
4. A copy of the order in W.P.No.9583 of 2024 is also filed and on perusal of the same, this Court finds that this Court h: s given directions therein as under ' 6. Ilat'ing rcgord to the rival contenlions and t e mdterial on record. lhis ('rnit linds thut the ownership or oth,nvi:e of. lhe pelitioner t tnother und the respondents No.6 and 7 rr er tha suhject plots is not irt i.sstrt' be.fitrc this Court. The issue i whether the respondent.s l\'o.6 orul 7 ure making construction tt rlt or without permission .[t-om the concerned authorities. It is tl ( stand of the authorities tfut the upplications of the respondent \ t 7 und other par.sons xho huyc mude opplications for building ptt nission in the subject lattd have bean re.jcctctl by the authorilies antl 'he same hat.e also bacn uploaded und lhc respondenls No.6 and 7 t t : aware of the said rajection order.s. When lhere is no permisstr. t .fbr making 3 W.P. No.39936 of 2025 construction, the official respondents ought to have laken immediate action of slopping the construclion, instead lhey seem to have remained mute specldtors. The respondents are therefore directed to issue nolices to the unfficial respondenls and take action in accordunce v,ith law under Section I l4 of the Panchoyat Raj Act. The action sh(tll be taken within a period of heo (2) monlhs from the date of receipt of a copy of this order. This order is without prejudice to any of the contentions raised by either parlies about the lille or ownership of the property. " The respondents therefore have to issue notices to the unofficial responderlts therein and then take action
5. Learned Standing Counsel for the respondent Gram Panchayat submitted that notices have been issued to the persons who have made the iltegal construction and also to the tenants of the shops in order to enable them to vacate the shops and that due process is being lollowed as directed by this Court in W.P.No.9583 of 2024.
6. In view of the above and having regard to the fact that the petitioners are only tenants and have claimcd to have invested some money and also require some time to find alternate place and vacate the shops, in order to protect their interest also, this Court grants fifteen (15) days time to vacate the subject shops and thereafter, the respondents are -- dirccted to take action in accordance with law. /I 4 W.P. No-39936 of2025 7 8 The Writ Petition is accordingly disposed of. Nr order as ro costs Pending rniscellaneous petitions, il any, in this Mrit petition shall stand closed SD/.M. NAGAMANI ASS ISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary (Panchayat Raj and Rural Det'r lopment), Secretariat, T.S.,Hyderabad.
2. The District Collector, Ivlahboobnagar District. 3. The District Panchayat Officer, Mahboobnagar District. 4. The Panchayat Secretary, Vennached Grampanchayat Vennached Village, Ganded Mandal, Mahboobnagar District.
5. One CC to SRl. M. DURGA PRASAD ,Advocate [OPIJ )] 6. TWO CCS tO GP FOR PANCHAYAT RAJ RURAL DE\/I LOPIT/ENT ,High Court for the State of Telangana. [OUT]
7. Two CCs to GP FOR REVENUE High Court for the Sli te of Telangana, at 8, One CC to SRI, K, PRADEEP REDDY, SC FOR GRI'I IPANCHAYAT Hyderabad [OUT] loPUCl
9. Two CD Copies BM BS Y" HIGH COURT DATED:2411212025 ORDER WP.No.39936 of 2025 CC TODAY E STA ?c ,,, :- o(\ a, ) ? s Btt ?116 ( I l * \- frr.e-.-.,-.r',- -{:-,--.:-.'-l -" i,)' " DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,d* \6 U5- [4-raHr