Jadhav Raghunath v. The State Of Telangana
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original J urisdiction) THURSDAY ,THE TENTH DAY OF JUNE TWO THOUSAND AND TWENTY ONE PRESENT THE HON'BLE SRIJUSTICE T,AMARNATH GOUD WRIT PETITION NO: 13070 OF 2021 Between:
1. Jadhav Raghunath, S/o Tulsi Ram, Aged about 59 years, Occ. Coolie,
2. Hangarge Mahananda, W/o Laxman, Aged about 50 years, Occ. Coolie, Both are resident of Chanduri Village, Utnoor Mandal, Adilabad District. ...PETITIONERS AND
1. The State of Telangana, Rep. by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat, Hyderabad
2. The District Panchayat Officer, Adilabad, Adilabad District
3. The Mandal Panchayat Officer, Utnoor Mandal, Adilabad District
4. Chanduri Gram Panchayat, rep.by its Panchayath Secretary, Chanduri Village and Utnoor Mandal, Adilabad District
5. Chirle Rama Rao, S/o Kishan Rao, Aged about 59 Years, Occ. Agriculture, Fl/o Chanduri Village, Utnoor Mandal, Adilabad District ...RES'ONDENTS Petition under Article 226 of the 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, Order or Direction, more particularly one in the nature of Writ of l\.4andamus, declaring the inaction of the respondent authorities in conducting enquiry with regard to closing down the road to reach the petitioners house bearing H.No.2-71 and H.No. 2-72, Situated at Chanduri Village, Utnoor Mandal, Adilabad District, pursuant to the representation dt.
05-05-2021 and 04-06-2021 followed by personal visits, as being illegal, arbitrary, unjust and u nconstitutio na I and consequently direct the respondent authorities to conduct through enquiry into the matter and take necessary steps against respondent No.5. lA NO: 1 OF 2021 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 respondent authorities herein to consider and pass appropriate orders pursuant to the representation dated 05-05-2021 and 04-06-2021 and to take necessary action against the respondent No.5 for erected fencing on public road, pending disposal of the main Writ Petition.
Counsel for the Petitioner : SRI GAJANAND CHAKRAVARTHI Counsel for the Respondent Nos.'l to 3: GP FOR PANCHAYAT RAJ AND RURAL DEVELOPEMNT Counsel for the Respondent No.4: SRI G. NARENDER REDDY, SC FOR GRAMPANCHAYAT Counsel for the Respondent No.S:------ The Courl made the following: ORDER
THE HON'BLE SRI JUSTICE T.AMARNATH GOUD WRIT PETITIoN NO.13 o70 0F 202L ORDER:
This writ petition is filed, seeking to declare the inaction of the respondent authorities in conducting enquiry with regard to i I ;
closing down the road to reach the Petitioners houses bearing Nos.2-7 i and 2-72, situated at Chanduri Village' Utnoor Mandal, Adilabad District, pursuant to the representations dated 05.05.2021 and 04.06.20221 followed by personal visits as being illegal and unconstitutional.
2. It is the case of the petitioners that the petitioners are ownersofH.Nos.2-7land2-T2,situatedatChanduriVillage' Utnoor Mandal, Adilabad District and the said houses were allotted under Indiramma Scheme in the year 2006-07 ' The respondent No.S who is nowhere concerned to the petitioners house sites, unnecessarily closing the pathway by dumping construction material and stones with fencing wire and trying to grab the public road. The petitioners submitted written representations dated 05.05'202 1 and 04 06'2021 to the respondent authorities bringing the illegal activities of respondent No.S to their notice and requested to conduct enquiry and remove the construction material, but there is no response from the respondent authorities.
3.
Heard both sides.
4. In view of the above submissions of the petitioners, the v,'rlt petition 1S disposed of. The respondent authorities are directed to consider and dispose of the representations I
submitted by the petitioners in accordance with raw. within a period of two weeks from the date of receipt of a copy of this order.
As a sequel, the miscellaneous petitions pending, if any, shall stand closed.
SD/.B.SATYAVATHI ASSISTANT REG TRAR //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary, Panchayat Raj and Rural Development Department, State of Telangana, Secretariat, Hyderabad
2. The District Panchayat Officer, Adilabad, Adilabad District
3. The Mandal Panchayat Officer, Utnoor Mandal, Adilabad District
4. The Panchayath Secretary, Chanduri Gram Panchayat, Chanduri Village and Utnoor Mandal, Adilabad District
5. One CC to Sri Gajanand Chakravarthi, Advocate [OPUC]
6. Two CCs to GP for Panchayat Raj and Rural Development, High Court for the State of Telangana at Hyderabad. [OUT]
7. One CC to Sri G. Narender Reddy, SC for Grampanchayat, Advocate IOPUC]
8. Two CD Copies S1]'I I
HIGH COURT DATED:10/06/202'l s e (
ORDER
oo 15 JIJU 202t z WP.No.13070 of 2021 * ^l s DISPOSING OF THE WP WITHOUT COSTS \ O