Bachawar Mallesh v. The State Of Telangana

\\ [ 321e ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI WRIT PETITION NO:34981 OF 2024 Between:

Bachawar Mallesh, S/o Gangaram, Aged 76 years, Occ; Agriculture, Ri/o H.No.18711, Madan Hipparga Village Dongli Mandal, Kamareddy District. .....WRIT PETITIONER AND

1. The State of Telangana, Rep. By its Principal Secretary Panchayat Raj Department Secretariat, Hyderabad.

2. The District Collector, Kamareddy District at Kamareddy.

3. District Panchayat Officer, Kamareddy District.

4. Gram Panchayat Madan Hipparga, Rep. By its Secretary, Madan Hipparga Dongli Mandal, Kamareddy Dist.

5. Dange Narayana, S/o Sayanna, Aged.58 Yrs, Occ. Agricutture, F|/o Madan Hipparga Village, Dongli Mandal, Kamareddy Dist

6. Dange Upendra, S/o Narayana, Aged.21 yrs, Occ. Agriculture R/o Madan Hipparga Village Dongli Mandal, Kamareddy District. ..,,.RESPONDENTS Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ, of Writs, order or direction directing the Respondents 1 to 4 to cancel the Building Permission order in Proc. No.14l8P12024 dated 2510912024 issued by the Respondent No.4 pending the suit in O.S.No.2B oI 2023 on the file of the Junior Civil Judge, Bichkunda.

ta l.A.NO:1 OF 2024 Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the building permission order in Proc.No.14lBPl2024 dated. 2510912024 issued by the Respondent No.4 in favour of Respondent No.5, pending disposal of the writ petition.

Counsel for the Petitioner : SRI M.V.V.BASWA RAJ Counsel for the Respondent Nos.1 & 3 : GP FOR PANCHAYAT RAJ AND RURAL DEVELOPMENT Counsel for the Respondent No.2 : G.P FOR REVENUE Counsel for the Respondent No.4 : SRI R.CHANDRA SEKHAR REDDY Counsel for the Respondent Nos.S & 6 : -- The Court made the following ORDER

THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.34981 of 2024 ORDER:

This writ petition 1S filed, under Article 226 of Constitution of India, seeking the following relief: "...to issue a Writ of Mandamus or ang other appropriate Writ of Wits order or direction directing the Respondents No.1 to 4 to cancel the Building Permission order in Proc.No. 14/BP/2024 dated 25/O9/2O24 issued bg the Respondent No.4 pending tte suit in O.S.No.2B of 2023 on the file of the Junior Ciuil Judge, Bichlo-tnda and be pleased to pass. .." 2.

Learned counsel for the petitioner submitted that there is a civil dispute with regard to the subject property between the petitioner and respondent Nos.S and 6, and pending the same, respondent Nos.S and 6 have applied for building permission and the sarne was granted to the said respondents on 25.09.2024 for construction of Ground + First Floor. It is further submitted that petitioner has also filed an appeal before the District Panchayat Oflicer against the building permission granted to respondent Nos.S and 6 and without prejudice to the same, this writ petition has been filed. 3.

Learned counsel for the unofficial respondents appearing through caveat, submitted that the petitioner has

-') not brought all the relevant facts to the notice of this Court and has filed certain documents along with a memo dated 16.L2.2O24, according to which respondent Nos.S and 6 are the owners of the property. However, this Court finds that there is a provision of appeal under Rule 28 of the Telangana Gram Panchayat Land Development (Layout and building) Rules, 20O2, under u,hich the District Panchayat Officer may revoke any permission issued under these Rules, whenever it is found that such permission was obtained by fraudulent means or misrepresentation of the facts.

4.

Since the writ petitioner has already filed an application before the District Panchayat Officer, on 3O.O9.2O24 and the same is pending for the consideration, this Court deems it fit and proper to direct respondent No.3 herein to consider the same and pass appropriate orders thereon, expeditiously, preferably within a period of three (03) months from the date of receipt of copy of this order. Respondent No.3 shall issue notice to a,ll the relevant parties and give them an opportunity of hearing and thereafter, consider the documents filed by both the parties and shall take a decision. It is also made clear that there is no stay granted by this Court against the

construction permission granted in favour of respondent Nos.S and 6. This shall also not come in the way of respondent No.3 in passing any interim order to stop the constructions, after hearing both the parties. 5.

With the above observations, writ petition is disposed of. There shall be no order as to costs.

6.

Miscellaneous petitions, if any, pending shall stald closed.

SD/.P.PADMANABHA REDDY ASSISTANT REGISTRAR \ //TRUE COPY// SE N OFFICER To 1.

The Principal Secretary, Panchayat Raj Department Secretariat, State of Telangana at Hyderabad.

The District Collector, Kamareddy District at Kamareddy. The District Panchayat Officer, Kamareddy District. The Secretary, Grarir Panchayat Madan Hipparga, Madan Hipparga Dongli Mandal, Kamareddy District.

Two Cis to GP FOR PANCHAYAT RAJ AND RURAL DEVELOPMENT, High Court for the State of Telangana at Hyderabad. [OUTI Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. [OUT] ohe cc to sRl M.V.V.BASWA RAJ, Advocate [oPUC] One CC to SRI R.CHANDRA SEKHAR REDDY, Advocate (OPUC) Two CD Copies 5.

Cl.

o o v SA BSK

I,'l,l HIGH COURT DATED:1611212024 HE SI4 ,(:

ORDER

( WP.No.34981 of 2024 1 0 FEB 2[25 o ('

f,o t D i ESPATcH DISPOSING OF THE W.P WITHOUT COSTS.

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