Malik Mumtaz Ahmed Khan v. State Of Telangana And 2 Others

THE HON'BLE SRI JUSTICE T. VINOD KUMAR Writ Petition No.252 of 2020 ORDER:

The present writ petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to declare the action of the 3rd respondent-Grampanchayat in interfering and obstructing the cleaning and fencing works taken by the petitioner in his agricultural land admeasuring Ac.4.31 guntas in Survey No.262/P situated at Kanakamamidi Village & Gram Panchayat, Moinabad Mandal, Ranga Reddy District, as being illegal and arbitrary. Heard Sri R. Nagarjuna Reddy, learned counsel for the petitioner and the learned Government Pleader for Panchayat Raj appearing for the respondents 1 & 2 and Sri G. Narender Reddy, learned Standing Counsel appearing for the 3rd respondent-Grampanchat.

The learned counsel for the petitioner also filed an Undertaking dated 07.01.2020 before this Court whereby it is stated that the petitioner intends to undertake only cleaning and fencing works over the land admeasuring Ac.4.31 guntas in Survey No. 262/P of Kanakamamidi Village and the petitioner would not make any layout or construction activity over the above said property.

The learned Standing Counsel for Gram Panchayat submits that if the above Undertaking given by the petitioner

is recorded by this Court, the respondent authorities would have no objection for the petitioner undertaking cleaning and fencing works without undertaking any activities relating to making layout or any construction thereon.

Recording the above said Undertaking of the petitioner dated 07.01.2020, the 3rd respondent-Grampanchayat is hereby directed not to obstruct with the petitioner taking up the cleaning and fencing works over the land in Survey No.262/P admeasuring Ac.4.31 guntas of Kanakamamidi Village.

In the event if the petitioner violates the undertaking given to this Court, the respondent authorities are at liberty to initiate appropriate proceedings against the petitioner including the initiation of Contempt of Court proceedings before this Court.

Subject to the above observation and direction, the writ petition is disposed of. However, there shall be no order as to costs.

As a sequel thereto, Miscellaneous Applications, if any, pending in this Writ Petition shall stand closed. ___________________ T. VINOD KUMAR, J Date: 10.01.2020 Isn