Mr. Ganga Singh Deora v. State Of Telangana

HONOURABLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 8183 of 2018 ORDER:

Petitioners claim to be the owners of different extents of lands in Sy.No.156, situated at Doolapally Village and Gram Panchayat, Dundigal - Gandimaisamma Mandal, Medchal Malkajgiri District. Petitioners state that they have constructed compound wall to protect their respective lands but the respondent - authorities are threatening to demolish the compound wall without following due process of law.

Learned Standing Counsel appearing for respondent No.2 - Gram Panchayat submits that the petitioners had not obtained any permission from the Gram Panchayat by paying requisite fee.

Since the very construction of compound wall being illegal, petitioners cannot complain against Gram Panchayat. In as much as it is admitted that the petitioners have made construction albeit without permission. Since respondent No.2 - Gram Panchayat had allowed the petitioners to make construction, interest of justice would be served if the petitioners shall make an application to respondent No.2 - Gram Panchayat seeking post factor permission/regularization by paying necessary fee and penalty and the same shall be considered and processed by

the Gram Panchayat; and if, for any reason that may be stated in the orders that would passed by the Gram Panchayat that regularization/permission cannot be granted for the construction already made, respondent No.2 - Gram Panchayat shall issue notice to the petitioners to remove the compound wall; on receiving such intimation, petitioners shall make appropriate representation in accordance with law; and till orders are made by the Gram Panchayat for regularization/permission, no coercive steps shall be taken against the petitioners.

The Writ Petition is, accordingly, disposed of Miscellaneous petitions pending, if any, shall stand dismissed. No order as to costs.

____________________________ CHALLA KODANDA RAM,J Date: 16.03.2018 usd