Guvva Srinivas v. The Panchayat Secretary, And 3 Others

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.18332 OF 2019 ORDER:

This writ petition is filed with the following prayer: "to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the Proceedings Lr.No.GPG/21/2019, dated 6-8-2019 issued by the 1st respondent as being arbitrary and unjust and consequently direct the respondents to regularize the construction made in House No.4178/73, Goudavelli Gram Panchayat, Medchal Mandal, Medchal-Malkajgiri District, in excess to the sanctioned plan, by imposing penalty etc., in terms of Gram Panchayat Land Development (Layout & Buildings) Rules, 2002 issued in G.O.Ms.No.67, PR&RD, dated 26-12-2002 and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

Sri G.Narender Reddy, learned Standing Counsel for respondent-Grampanchayat submits that the petitioner has alternative remedy under Section 282 of Telangana Panchayat Raj Act (for short "the Act") against the impugned order and the same is not disputed by learned counsel for the petitioner.

Though counter affidavit is filed, since this Court is not entertaining the writ petition on the ground of

alternative remedy the same is not required to be considered.

In view of the same, without expressing any opinion on merits, the writ petition is disposed of granting liberty to the petitioner to approach the Government under Section 282 of the Act. Status-quo shall be maintained for a period of two weeks to enable the petitioner to approach the Government. If the petitioner does not approach the Government within the said period for obtaining orders, it is open for the respondent-Grampanchayat to take action in accordance with law. Meanwhile, the petitioner shall not make any further construction. Pending miscellaneous applications if any shall stand closed.

_________________________ A.RAJASHEKER REDDY,J 25-09-2019 Nvl