M. Bikshapathi v. The State Of Telangana

THE HON'BLE SRI JUSTICE T. VINOD KUMAR Writ Petition No.28013 of 2019 ORDER:

The present writ petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to declare the action of the respondents 2 & 3 in not considering the complaint of the petitioner, dated 28.11.2019 in preventing the respondents 4 & 5 from making illegal constructions over the land in Survey Nos.251, 252 & 253 admeasuring Ac.22.30 guntas situated at Abdullapurmet Village and Mandal, Ranga Reddy District, since the respondents 4 & 5 did not obtain any permission for construction from the 3rd respondent and proceeding with the illegal construction in violation of the status quo orders passed by this Court in WPMP No.11338 of 2009 in Writ Petition No.8652 of 2009 dated 27.04.2009, as being illegal, unlawful and contrary to law.

Counter affidavit on behalf of 3rd respondent is placed on the file of this Court.

Heard Sri M. Damodar Reddy, learned counsel for the petitioner and the learned Government Pleader for Panchayat Raj and Sri G. Narender Reddy, learned Standing Counsel for Gram Panchayat appearing for the respondents 2 & 3. The learned Standing Counsel for Gram Panchayat submits that in respect of the construction that is being carried on by the 5th respondent, no permission had been

obtained from the Gram Panchayat and that the said illegal construction on being brought to the notice of the 3rd respondent, the said authority has immediately acted thereupon and stopped the 5th respondent from undertaking any further construction at the site. Further, the learned Standing Counsel submits that the authorities would take necessary steps in accordance with the provisions of the Telangana Panchayat Raj Act, 2018 in respect of such construction carried on without obtaining permission. Insofar as 4th respondent is concerned, it is stated by the learned Standing Counsel that no construction is being taken up and therefore, there is no necessity for the 3rd respondent to stop any such activity.

Recording the above said submission of the learned Standing Counsel appearing for the 3rd respondent, no further orders need be passed in this writ petition. Accordingly, the writ petition is closed. However, there shall be no order as to costs.

As a sequel thereto, Miscellaneous Applications, if any, pending in this Writ Petition shall stand closed. ___________________ T. VINOD KUMAR, J Date: 20.01.2020 Isn