Sri. Mula Thiurmal Reddy v. The State Of Telangana

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.193 of 2019 ORDER:

The prayer of the petitioner in this case reads as under: 'For the reasons stated in the accompanying affidavit, it is therefore prayed that this Hon'ble Court may be pleased to issue an appropriate writ, order or directions more particularly one in the nature of writ of Mandamus declaring the inaction of the respondents in initiating steps to demolish the illegal house structures raised in the petitioners land admeasuring Ac.212 gts.

in Sy.No.233/C situated at Thigalaguttapally Village, Karimnagar Mandal and District, TS, without obtaining any house construction permissions from the respondent No.3 and not considering the petitioners representations dated 17.11.2018 and 19.11.2018 respectively by the respondents till this date as highly illegal arbitrary and contrary to the provisions of Telangana Panchayathraj Act and violation of Articles of Constitution of India and consequently direct the respondents to initiate necessary steps to demolish the illegal house structures raised in the petitioners land admeasuring Ac.212 gts. in Sy. No.233/C situated at Thigalaguttapally village, Karimnagar Mandal and District TS henceforth as per law and pass such other order or orders in the interest of justice.'

Heard Sri Bethi Venkateshwarlu, learned counsel for the petitioner, and Sri G.Narender Reddy, learned counsel for the Gram Panchayat. Though Sri Bethi Venkateshwarlu, learned counsel, would assert that some third parties are making illegal constructions in the land of the petitioner, it is to be noted that none of the said third parties have been impeladed as party respondents in this writ petition. However, as the petitioner's representations dated 17.11.2018 and 19.11.2018 are pending consideration before the Thigalaguttapally Village Gram Panchayat, Karimnagar Mandal and District, the fourth respondent herein, this Court deems it unnecessary to entertain this writ petition and adjudicate upon the issues raised herein. It is for the fourth respondent -Gram Panchayat

to take appropriate action as warranted in accordance with law upon the petitioner's representations dated 17.11.2018 and 19.11.2018. The writ petition is accordingly disposed of directing the fourth respondent-Gram Panchayat to consider the petitioner's representations dated 17.11.2018 and 19.11.2018 on their own merits and take appropriate action as warranted in accordance with law after giving due opportunity of hearing to all parties concerned, including the petitioner. This exercise shall be completed expeditiously and in any event, not later than four weeks from the date of receipt of a copy of this order. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. ____________________ JUSTICE SANJAY KUMAR Date:04.01.2019 Note:

Furnish C.C. in two days.

(B/o) GJ