Mudoju Jayamma v. The State Of Telangana

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY W.P.NO.19118 OF 2019

O R D E R

The case of the petitioner is that the then Panchayat Secretary and Sarpanch of Ravindra Nagar Gram Panchayat, Kondapakka mandal, Siddipet District, allotted the Gram Panchayat land in Sy.No.271 to her in the year 2004 and she has established a petty shop in the said land and has been eking out her livelihood. Along with the writ petition, petitioner also filed trade licenses and election bills to show that she has been in possession of the subject land. Now the grievance of the petitioner is that the 5th respondent - Ravindra Nagar Gram Panchayat, represented by its Secretary, issued the impugned notice No.GP/01/VRN/2019 dated 14.08.2019 to vacate the subject land. Aggrieved by the same, the present writ petition is filed. Learned counsel for the petitioner reiterating the above averments, submitted that if the petitioner is asked the vacate the subject land, she will lose her livelihood and hence on humanitarian grounds, the petitioner may either be permitted to continue in the subject land, or the respondents may be directed to allot any alternative land.

Heard the learned Assistant Government Pleader for Revenue for respondents 1 to 3.

Sri G.Narender Reddy, learned Standing Counsel for respondents 4 and 5, submits that either the Panchayat Secretary, or the Sarpanch have no power to make any such allotment, and hence the impugned notice has been issued to the petitioner requiring her to vacate the subject land, and the same may not be interfered with.

No document is filed to show the alleged allotment of the subject land, and no provision of law, is also pointed out empowering the above said authorities to

allot the Gram Panchayat land to the petitioner. In view of the same, the impugned notice cannot be interfered with.

However, having regard to the facts and circumstances of the case, liberty is given to the petitioner to make representation to the respondents and it is for the 3rd respondent - Tahsildar / competent authority, to consider the said representation, and take action in accordance with law. Writ petition is accordingly disposed of.

Interlocutory applications pending, if any, shall stand closed. No order as to costs.

------------------------------------------- A.RAJASHEKER REDDY,J DATE:24-09-2019 AVS