Mahabub Ali v. The State Of Telangana
[ 3302 I HIGH COURT FOR THE STATE OF TELANGANA AT HYOERABAD (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF OCTOBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE K. SARATH WRIT PETITION NO: 7868 OF 2024 Between:
Mahabub Ali, S/o. Late Khatal Ahmed, Age 41 years, Occ R/o.Ramakistayapally Village, Dhanwada, Mandal, Narayanpet District. Driver, .....PETITIONER AND
1. The State of Telangana, Rep. by its Principal Secretary, Panchayatraj Department, Secretariat buildings, Secretariat, Hyderabad.
2. The District Collector, Narayanpet, Narayanpet District.
3. The Additional Collector, (Local Bodies) Narayanpet, Narayanpet District.
4. The Divisional Panchayat Officer, Narayanpet, Narayanpet District.
5. The Panchayat Secretary, Gr. lV, Ramakistayyapalli Grampanchayat, Dhanwada Mandal, Narayanpet District.
6. Chandpasha, S/o. Late Khatal Ahmed, Aged 37 years, Occ. Agriculture, R/o.H.No.1-02, Minaspur Village, Yadgir District, Karnataka State.
7. Mohd Khasim, S/o. Late Khatal Ahmed, Aged 35 years, Occ. Agriculture, R/o.H.No.1-02, Minaspur Village, Yadgir District, Karnataka State B. Smt. Hajju @ Ajju, W/o. Khasim @ Mohd. Khasim, Aged about 36 years, Occ. Housewife, R/o. H.No.1-2-634, Ramakistayyapalli Village, Dhanwada Mandal, Narayanpet District.
.....RESPONDENTS Petition Under Article 226 of the Constitution of India 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 Mandamus declaring the action of the respondent no.3 in not taking any action upon enquiry report dated 29.01 .2024 given by the respondent no.4 vide
Lr. No.Al /0212024 to respondent no.3 about construction of house by respondent no.7 without requisite permission as illegal, arbitrary and unconstitutional and consequently direct the respondent no.3 to take appropriate steps as per law in pursuant to the enquiry report dated 29.01 .2024 given by the respondent no.4 vide Lr.No.A1l0212024.
l.A.N0:1 OF 2024 Petition Under section 15i cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to stay of illegal construction made by the respondents nos.6,7 and g and their representatives as per the report enquiry report issued by the respondent no.4 vide Lr.No.A1 lo2l2o24 dated 29.01 .2024 in H.No.2-63 of Ramakistayyapalli village of Dhanwada Mandal, Narayanpet District, pending disposar of the above wit petition.
Counsel for the Petitioner : SRt NAGESHWAR RAO PUJARI counsel for the Respondent No.1 & 4 : Gp FoR pANcHAyAT RAJ AND RURAL DEVELOPMENT Counsel for the Respondent Nos.2 & 3 : G-p FOR REVENUE Counsel for the Respondent Nos. 5 : SRt R.CHANDRA SHEKAR REDDY Counsel for the Respondent Nos.6 to g : - The Court made the following ORDER
THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No. 7A6a OF 2024 ORDER:
Heard learned counsel for the petitioner, learned Assistant Government Pleader for Panchayat Raj and Rural Development for the respondent No.1, learned Standing Counsel for the respondent No'5, learned counsel for the respondent No.7 and perused the record.
2. Learned counsel for the petitioner submits that after filing the writ petition, the respondentauthorities have stopped the construction being made by the respondent Nos.6 to 8- In view of the same, no cause survives in this Petition.
3. Learned counsel for the respondent No'7 \ ) submits that after hling the writ petition the respondent Nos.6 to 8 filed an application for construction of House building permission before the
Gram Panchayat and the same is still pending for consideration. In view of the same, requested to direct the authorities to pass appropriate orders, without taking into account the pendency of the writ petition.
4. [n view of the submissions made by both sides, without going into the merits of the case, the writ petition is closed and the respondent_authorities are directed to pass appropriate orders on the application filed by the respondent Nos.6 to g as per the Telangana Panchayat Raj Act, 2OlB. There shall be no order as to costs.
5. As sequel to it, Miscellaneous petitions, if any pending, shall stand closed.
SD/- P. CH. NAGABHUSHAMB ASSISTANT REGIYTRA //TRUE COPY// Iq SECTION OFFICER R To 1.
TTivo CCs to GP FOR PANCHAYAT RAJ AND RURAL DEVELoPMENT, High Court for the State of Telangana at Hyderabad. [OUT] Two CCs to GP FOR REVENUE, Higir Court foithe State of Tetangana at Hyderabad. [OUT] One CC to SRI NAGESHWAR RAO pUJARt, Advocate tOpUCl One CC to SRI R.CHANDRA SHEKAR REDDY, Advocaie (OPUC) Tuo CD Copies 2.
SA LS !,f
HIGH COURT DATED:03110t2024 ( 1HE Sf4 16 o 12 IEt. ZUZ4 'J (- .l]
ORDER
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g;il WP.No.7868 of 2024 CLOSING THE W.P WITHOUT COSTS.
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