P. Sunandha v. State Of Telangana And 5 Others
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF NOVEIVBER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION NO: 16551 OF 2020 Between:
P. Sunandha, W/o Venkat Reddy, R/o. 1-30, Puduru Village and Mandal, Vikarabad, Vikarabad District.
AND ...PET|T|ONER
1. State of Telangana, Rep. by its Principal Secretary, Panchayat Raj Department, Secretariat, Hyderabad.
2. District Collector, Vikarabad at Vikarabad District.
3. District Panchayat Officer, Vikarabad at Vikarabad District.
4. Ir,/andal Parishat Development Officer, Vikarabad, Vikarabad District.
5. Puduru Gram Panchayat, Rep., by its Panchayat Secretary, Puduru Village and Mandal, Vikarabad district.
6. P. Narasimha Reddy, S/o Ranga Reddy Fl/o Puduru Village and Mandal, Vikarabad District.
...RESPONDENTS Petition under Article 226 of lhe 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 Mandamus declaring the action of the Respondents in not taking any action on the illegal 'construction pursuant to the Representation date 2710812020 of the Petitioner, as illegal, null, void and arbitrary.
lA NO: 1 OF 2020 Petition under Section 15'1 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 take steps for demolition of illegal construction made by the 6th Respondent, Pursuant to the Representatlon dated 27lOAl202O, pending disposal of the present Writ Petition.
Counsel for the Petitioner: SRl. K. DURGA PRASAD Counsel for the Respondent Nos.1 to 4:
AGP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent No.5: SRI G. NARENDER REDDY, SC FOR GRAM PANCHAYAT Counsel for the Respondent No.6: NONE APPEARED The Court made the following: ORDER
THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 16551 of 2O2O ORDER:
This Writ Petition is filed to declare the inaction of the official respondents on the illegal construction pursuant to the representation dated 27 .O8.2O2O of the petitioner, as illegal and arbitrary.
Heard learned counsel for the petitioner, learned Standing Counsel for the respondent gram panchayat Sri G. Narender Reddy and learned Assistant Government Pleader lor Panchayat Raj. The case of the petitioner is that she is the owner of Ac.0.06 guntas abutting Bijapur Highway to Puduru Village, Vikarabad District, with specific boundaries and towards South : land of Sri P. Narsimha Reddy, S/o Ranga Reddy, the 6th respondent herein ^.. and his wife. It is the allegation of the petitioner that the 6th respondent, using the polvers of his wife who is Sarpanch of the village, is constructing shutter in Surwey No. 55 and also encouraging unauthorised construction by encroaching even into the government land.
The petitioner asserts that noticing the same, she had given complaint to the Collector, the District Panchayat Officer, the Mandal Parishad Development Officer, Vikarabad, the Tahsildar and the Panchayat Secretary, in August, 2O2O, b:ut however, no action is taken thereon. On the other hand, the learned Standing Counsel, on specific instructions, submits that noticing certain constructions having been made unauthorisedly erecting tin sheds, the1, u,s16, i, fact, removed and as on date, no constructions are permitted.
At the hearing on 28.09.2020, taking note of the fact that the complaint of the petitioner was considered already, the Writ Petition was directed to be listed on 23.1 l.2O2O. Today, the learned counsel for the petitioner submits that though structures have been removed, the 6th respondent is still continuing to construct the basement.
Having regard to the respective submissions, as the complaint is made not only against the 6th respondent but also his wife, who is Sarpanch of the village, and as the panchayat officers alleged to have not acted as on date, the 3'd respondent District Panchayat Officer shall take necessary action in accordance with lau, and ensure that no constructions are permitted without there being permission, as mandated under the Act.
Subject to the above, the Writ Petition is disposed of. No costs.
Consequently, the miscellaneous Applications, if any shall stand closed.
SD/-I.NAGALAKSHMI ASSTSTANT REFTSTRAR \ //TRUE COPY// SECTIdN OFFICER To, The District Collector, Vikarabad at Vikarabad District. The District Panchayat Officer, Vikarabad at Vikarabad District The t\/andal Parishat Development Officer, Vikarabad, Vikarabad District The Panchayat Secretary, Puduru Gram Panchayat, Puduru Village and Mandal, Vikarabad district One CC to Sri K. Durga Prasad Advocate [OPUC] Two CCs to GP for Panchayat Raj & Rural Development, High Court for the State of Telangana at Hyderabad. [OUT] One CC to Sri G. Narender Reddy, SC for Gram Panchayat [OPUC] Two CD Copies Nr b 7.
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HIGH COURT DATED:2411112020 -,{,.
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ORDER
W.P.No.16551 of 2020 DISPOSING OF THE WRIT PETITION WITHOUT COSTS v