High Court for State of TelanganaWP/4318/2025disposed of no costs

Pathloth Rajender v. The State Of Telangana

2025-02-19T.Madhavi Devi6 pages

I 321e I HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, IHE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI WRIT PETITION NO: 4318 OF 2025 Between:

Pathloth Rajender, S/o. Pathloth Sakriya, Aged 35 years, Occ. Ex-Sarpanch, Rlio.H.No. 4-23, Begumpet Thanda, Chidruppa Village, Kandi Mandal, Sangareddy .,,..PETITIONER AND

1. The State of Telangana, Rep. by Principal Secretary, Panchayath Raj Department Secretariat Department, Hyderabad.

2. The District Collector, Sangareddy District.

3. The District Panchayat Officer, Sangareddy District at Sangareddy.,

4. Mandala Prajaparishad Development Officer, Sangareddy Mandal, Sangareddy District.

5. Panchayat Secretary, Begumpet Village, Kandi Mandal, Sangareddy District.

6. Edulakanti Srinivas Goud, S/o. Edulakanti Penta Goud, Aged 48 years, Occ. Agriculture, R/o. H. No. 4-42, Begumpet, Karla Mandal, Sangareddy District. .....RESPONDENTS Petition Under Article 226 of Ihe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the questioning the action of the Respondent Nos.2 to 5 in not taking action pursuant to the representations dt. O3lO2l2O25, 0410212025, 2311012024, 2611012024 and 2710312023 submitted by the Petitioner and village people against the unauthorized illegal construction being carried out by the Respondent No.6 without there being any permission

from competent authority in Gramakantam land admeasuring 130 Sq.yds situated at Begumpet Village, Kandi Mandal, Sangareddy District by ignoring the resolution dl. 1311212022 passed by the Gramapanchyat Begumpet Village is illegal, arbitrary, violative of principles of natural justice and contrary to Article 21 of the Constitution of lndia and issue a consequential direction to the Respondents to 2 to 5 to stop the illegal construction carrying out in Gramakantam Land admeasuring 130 Sq.yds situated at Begumpet Village, Kandi Mandal, Sangareddy District by the Respondent No.6. I.A.

NO:1 OF 2025 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 to 2 to 5 to stop the illegal construction carrying out by the Respondent No.6 in Gramakantam Land admeasuring 130 Sq.yds situated at Begumpet Village, Kandi Mandal, Sangareddy District. Counsel for the Petitioner : SRI PALLE SRIHARINATH Counsel for the Respondent Nos.'t, 3 & 4 : GP FOR PANCHAYAT RAJ AND RURAL DEVELOPMENT Counsel forthe Respondent No.2 : G.P FOR REVENUE Counsel for the Respondent No.5 : SRI R.CHANDRA SHEKAR REDDY Counsel for the Respondent No.

THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.4318 0F 2025 ORDER:

In this writ petition, the petitioner is aggrieved by the inaction of the respondents in taking any action on his representations dated O3.O2.2O25, O4.O2.2O25, 23. 1O.2024, 26.10.2024 and 27.O3.2O23 in respect of the unauthorized and illegal construction being carried out by respondent No.6 in Gramakantam land admeasuring 130 square yards situated at Begumpet Village, Kaldi Mandal, Sangareddy It is submitted that vide resolution dated 13.12.2022, the Gram Panchayat of Begumpet Village has decided to plant trees around the water tank and not to allow any construction therein. It is however alleged that in violation of the said resolution, respondent No.6'is making construction near the water tank. Therefore, ttre petitioner has submitted various representations, but since no action has been taken by the respondent authorities thereon, this writ petition was Iiled.

I I J la-

Though the learned Standing Counsel for Gram Panchayat sought time to get instructions on 14'02.2025, to instructions were placed before this Court till date ' In view of the above, this Court deems it fit and proper to direct respondent Nos.4 and 5 to consider the representations dated O3.O2.2O25, O4.O2.2O25, 23' lO'2O24, 26.10.2024 and 27.03.2023 of the petitioner and pass appropriate orders thereon within a period of two weeks from the date of receipt of a copy of this order. It is further directed that respondent No.S shall ensure that respond'ent No.6 does not make any construction, if no permission is granted to him by the Gram Panchayat for such construction till date.

With the above directions, the writ petition is disposed of.

Miscellareous petitions pending, if any, shall stand closed. No order as to costs.

SD/. N. SRI RI ASSISTANT REGIS //TRUE COPY'

SECTION OFFICER To The principal secretary, Panchayath Raj Department secretariat Department, State of Telangana at Hyderabad.

The District Collector, Sangareddy District.

The District Panchayat Offiter, Sangareddy District at Sangareddy' fne tr/anOata Prajaparishad Development Officer, Sangareddy Mandal' J t

Sangareddy District.

5. The Panchayat Secretary, Begumpet Village, Kandi Mandal, Sangareddy

6. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. [OUT]

7. Two CCs to GP FOR PANCHAYAT RAJ AND RURAL DEVELOPMENT, High Court for the State of Telangana at Hyderabad. [OUT]

8. One CC to SRI PALLE SRIHARINATH, Advocate [OPUC]

9. One CC to SRI R.CHANDRA SHEKAR REDDY, Advocate [OPUC] r 1 0. Two CD Copies SA

C.C. TODAY HIGH COURT DATE D : 1 910212025 I I 'i tlE s l4 a (-- ox (\ )'

oo 25 FE8 ztE Ct {+ lc,^^-.

ORDER

WP.No.4318 of 2025 DISPOSING OF THE W.P WITHOUT COSTS.