Voggu Sriramulu vs The State of Telangana

t 32e6 I HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) IVIONDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE C.V.

BHASKAR REDDY WRIT PETITION NO:33310 OF 2022 Between: Voggu Sriramulu, S/o.

Late Voggu Chinna Mallaiah, Aged about 53 years, Occ: Govt.

Employee, R/o.

H.

No.4-2-4711 , Dwataka Nagar, Bandlaguda Jagir, Rajendra Nagar, Ranga Reddy Dist-500086. ...'ETITIONER AND 1.

The State of Telangana, rep. by Principal Secretary to Panchayat Raj and Rural Development Department, Secretariat, Hyderabad.

2.

The District Panchayat Raj Officer, Ranga Reddy District At Ranga Reddy.

3.

The IVlandal Parishad Development Officer, Shankarpally mandal, Ranga Reddy District.

4.

The Kothapalil Grampanchayat, Shankarpally mandal, Ranga Reddy District, Rep by its Panchayat Secretary.

5 Voggu Ganesh, S/o.

Sattayya Aged about 46 years, Occ- Agriculture, R/o.

H.No 3-21, Kothapally Village, Shankarpally Mandal, Ranga Reddy Distric! s01 203 ...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, order or direction more particularly one in the nature of WRIT OF I/ANDAIvIUS declaring the action of the Respondents No.2 to 4 not taking any action under the Provisions of the Panchayat Raj Act 2018 through representation dated 20.08.2022 made by the petitioner for demolition of illegal construction carried out by the respondent No.5, without obtaining the proper permission from the official respondents under the Panchayat Raj Act 2018 and encroaching upon the petitioner part of the agriculture land in Sy.No .1471414 situated at Kothapally Village, Shankarpally Mandal, Ranga Reddy District, as bad in law, illegal , arbrlrary and violation of the principal natural justice' and consequently direct the respondents No. ndents No.2 to 4 to consider the representation made by the petitioner on 20.08.2022 regard to the illegal constriction was carried out by the un official respondent No.5.

I I i ll2ll lA NO: 1 OF 2022 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 No.2 to 4 to consider the representation made by the petitioner on 2010812022 regard to the illegal constriction was carried out by the un official respondent No.5, pending disposal of the main Wril Petition.

Counsel for the Petifioner: SRl.

MULLANGI RAMI REDDY Counsel forthe Respondent Nos.1 & 2: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counselforthe RespondentNos.3&4: SRI C.

KALYAN RAO, SC FOR GRAM PANCHAYAT Counsel forthe Respondent No.S: SRI S.

SRINIVASA CHARY The Court made the following: ORDER ORDER: This writ petition is being disposed of at thc admission stagc rvith the consent of both parties- This writ petition is filed seeking the followrng relicf:- ". ..to issue a writ, order or dircction more particularly one in the nature of WRIT OF MANDAMUS to declare the action of the Respondent Nos.

2 lo 4 not taking any action under the Provisions of tl.re Panchayat Raj Act 2018 through representation datcd 2O.Oa.2O22 made by the petitioner for dcmolition of illegal construction carried out by the respondent No..5, without obtaining permission from the official respondents under the Panchayat Raj Act 2018 and encroaching upon the petitioner's part ol the agriculture land in Sy No.147/A/4 situated at Kothapally Village, Shankarpally Mandal, Ranga Reddv District, as bad in law, illegal, arbitrary and i.iolatior.r of the principles of natura.l justice and conscquently to direct the respondent Nos.

2 to 4 to considcr tl.re representation made by the petitioner on '2O.Oa.2O22 with regard to the illegal construction carried out b1. ed out b1. the un-oflicial respondent No 5 ald to pass such othcr order or orders as this Court may deem fit and propcr in the circumstances of the case..." It is the case of the petitioner that he is the owner and possessor of the subject property in Sy.No.

147/Al4 situated at Kothapally Village, Shankarpally Mandal, Ranga Reddy District.

His contention is that respondent No.S t,ithout obtaining necessary permission from the competent authorities has proceeded with the illegal constrr rction bv HON'BLE SRI JUSTICE C.V.BHASKAR REDDY W.P.No.333l0 of 2022 encroaching his property ald thereby causing inconventence to him.

Further, he made a representation to the respondent No.4 for taking necessary action in accordance with law.

It is the grievance of the petitioner that the respondent authorities have not initiated anv action under the provisions ofthe Panchayat Raj Act 2O18 On 29.Oa.2O22 this Court ordered notice before admission.

After receipt of the notice, respondent No.5 has flled a counter affidavit stating that he is the absolute owner of the land and he has made an application to respondent No.3 for seeking building permission and he has also made an application to th9 Revenue Authorities seeking conversion of agriculture land into non agriculture land and respondent No.3 has submitted that they will act accordingly for removal of the illegal construction.

In the facts and circumstances of the case, this Court deems it appropriate to dispose of this writ petition directing the Gram Panchayat to stop the illegal construction if any being carrie<l out by respondent No.5.

If respondent No.S obtains building permission, he shall be 3 a,llowed to proceed with, in accordance rvith sanctioned plan.

With the above direction, the u,rit petition is disposed of.

No costs.

As a sequel, the miscellaneous petitions pending, if any, shall stand closed.

SO/.

C.

PRAVEEN KUMAR ASSISTANIEEGISTRAR //TRUE COPY/I CJL> SECTION OFFICER To, 1.

CER To, 1.

The Panchayat Secretary, Kothapalli Grampanchayat, Shankarpally Mandal, Ranga Reddy District.

One CC to Sri Mullangi Rami Reddy, Advocate [OPUC] 3.

Two CCs to GP for Panchayat Raj and Rural Development, High Court for the State of Telangana at Hyderabad. [OUT 4.

One CC to Sri C.

Kalyan Rao, SC for Gram Panchayat [OPUC] 5.

One CC to Sri S.

Sriirivasa Chary, Advocate [OPUC] 6.

Two CD Copies CHR ,rf'" BS HIGH COURT DATED:0610212023 ORDER W.P.No.33310 of 2022 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ( 1 t{E S T,q 14, 2 2 F[[ 2n21 oo lt 'j ), t>-\- I I o