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High Court for State of TelanganaWP/46062/2016disposed of no costs

Komma Indrani, v. The State Of Telangana,

2017-01-31A V Sesha Sai2 pages

THE HON'BLE SRI JUSTI CE A.V.SESHA SAI W.P.Nos.39095 & 46062 of 2016 COMMON ORDER:

W.P.No.39095 of 2016 is filed questioning the action of the Respondent Gram Panchayat in interfering including demolition with petitioner's property bearing House No.4-10/2 in Plot Nos.40 and 41 in Survey No.85, admeasuring 421 square yards, situated at Puppallaguda village, Rajendranagar Mandal, Ranga Reddy District.

2.

Pending the said writ petition, Respondent Gram Panchayat issued notice dated 22-12-2016 U/s 121, 122, 123 and 131 of the Telangana State Panchayat Raj Act, 1994 for removal of construction, which is challenged in the second writ petition i.e. W.P.No.46062 of 2016. The grievance of the petitioner is that though she submitted reply to the said notice by way of representation dated 26.12.2016, the Respondent Gram Panchayat, without considering the same, is threatening to demolish the property without affording any opportunity to the petitioner.

3.

Today, when the matter is called, it is submitted by the learned Standing Counsel appearing for Respondent Gram Panchayat, Sri G.Narender Reddy that the Respondent Gram Panchayat may be directed to issue a notice afresh and the present notice can be ignored.

4.

Recording the said submission, both the writ petitions are disposed of, keeping it open to the Respondent Gram Panchayat to proceed in accordance with law in terms of Telangana State Panchayat Raj Act, 1994, by affording opportunity to the petitioner and the impugned notice dated 22.12.2016 issued by the 5th respondent-Gram Panchayat is hereby set aside. As a sequel, the Miscellaneous Petitions, if any, shall stand closed. There shall be no order as to costs.

______________ A.V.SESHA SAI, J Date: 31.1.2017 DA

THE HON'BLE SRI JUSTI CE A.V.SESHA SAI W.P.Nos.39095 & 46062 of 2016 31.1.2017 DA