Habeebunnissa v. State Of Telangana

THE HONOURABLE SRI JUSTI CE A.V.SESHA SAI W r it Pet it ion No.1 3 6 9 5 of 2 0 1 8 ORDER:

Heard the learned Counsel for the petitioner and Sri G.Narender Reddy, learned Standing Counsel for Gram Panchayat.

Notice, bearing 270/ GPV/ 2018, dated 02.04.2018 issued by the 3rd respondent/ Gram Panchayat asking the petitioner to remove the constructions is under challenge in the present Writ Petition.

According to the petitioner, he submitted an explanation on 11.04.2018 in response to the said notice but without considering the contents of the said explanation, dated 11.04.2018, the respondent-authorities are trying to remove the constructions made by the petitioner herein. According to the petitioner, he purchased the open place by way of registered sale deed with specific boundaries vide document No.101/ 85, dated 09.01.1985. It is further stated that thereafter he made an application for construction and the Gram Panchayat also granted permission vide Proc.No.5/ 8586/ G.P./ 85-86, dated 30.04.1985. It is further stated that the impugned action is highly illegal and arbitrary and no proceedings under the Land Acquisition Act are initiated.

Since the explanation, dated 11.04.2018, submitted by the petitioner herein is pending consideration before the 3rd respondent, this Court deems it appropriate to dispose of the Writ Petition, with a direction to the 3rd respondent to verify the

said explanation, dated 11.04.2018, said to have been submitted by the petitioner herein, in response to the impugned notice and pass appropriate orders within a four weeks from the date of receipt of a copy of this Order. Till such exercise attains finality, no coercive action shall be taken in pursuance to the notice, dated 02.04.2018, in respect of the construction of the subject property.

Miscellaneous petitions pending, if any, shall stand disposed of.

_____________________ JUSTI CE A.V.SESHA SAI Date : 19.04.2018 smr