Smt. Sirikonda Nagamani v. The State Of Telangana

I [ 321e 1 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original J urisdiction) TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENry FOUR PRESENT THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI WRIT PETITI ON Nos. 36850, 36864, 36871, 36874 and 36889 OF 2024 WR lT PETITION NO: 36850 OF 2024 Between:

Ballure Srikanth, S/o. Ballure Bheem Rao, Aged about 33 years, Occ: Private Employee, R/o. H.No.5-141 , R.K. Nagar -'1 , lndresham Village, Patancheru Mandal, Sangareddy District.

...PETITIONER AND The State of Telangana, Rep. by its Principal Secretary Panchayat Raj and Rural Development Department TS Secretariat, BRK Bhavan, Saifabad, Hyderabad The District Collector, (Panchayat Wing) Sangareddy, Sangareddy District,

3. The District Panchayat Officer, Sangareddy, Sangareddy District

4. The Gram Panchayat -lndresham, Rep by its Panchayat Secretary Patancheruvu Mandal, Sangareddy 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, Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents particularly respondent Nos. 3 and 4 in interfering with the peaceful possession and enjoyment and threatening to demolish the petitioner Residential house bearing no.5- 14'1, SL.No. 42, Constructed on Plot No. 141lPart in Northem Side Portion, in Sy. Nos. 148lAA, E and 165/4, AA, total admeasuring to an extent 1 1 1 Sq. Yards which is equivalent to 92.88 Sq. Mtrs. With plinth area of Ground Floor 925 Sq. Feets and First Floor Plinth area 925 Sq. Feets, ihus the total built up area of '1850 Sq. h

Feets. Roof covered with RCC, Situated at R'K' Nagar Colony' lndresham Village' Patancheru Mandal and Sangareddy District, without having any authority, without giving any notice and stating any reason for interference despite having due construction permission vide Permit No 167/ GPtkalZOlS daled24 '7 '2018 issued by the 4th respondent Gram Panchayat is illegal' arbitrary and violation of Articles 14 and 300-A of Constitution of lndia apart from violation oi principles of natural justice.and consequently direct the respondents to not to interfere and not to demolish the petitioner Residential house bearing no'5-141 ' Sl'No 42' Constructed on Plot No. 141lPaftin Northern Side Portion' in Sy' Nos'148/AA' E and 165/A'AA' total admeasuring to an extent 111 Sq Yards which is equivalent to 92'88 Sq' Mtrs.

With plinth area of Ground Floor 925 Sq' Feets and First Floor Plinth area 925 Sq. Feets, thus the total built up area of 1850 Sq Feets' Roof covered with RCC, Situated at R.K. Nagar Colony, lndresham Village' Patancheru Mandal and SangareddY District IA NO:1OF 2O24 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the respondents to not to interfere in any manner / demolish the petitioner Residential house bearing no 5-141' SL No' 42' Constructed on Plot No' 141/Part in Northern Side Portion, in Sy' Nos 14BIAA' E & 165/A' AA' total admeasuring to an extent 111 Sq. Yards which is equivalent to 92 88 Sq' Mtrs With plinth area ol Ground Floor 925 Sq.

Counsel for the Petitioner: MS' K' RAJITHA' REP. BY SRI JALAPALLI MADHAVI REDDY Counsel for the Respondent Nos'1 to 3: GP FOR PANCHAYAT RAJ RURAL DEVELOPMENT Counsel for the Respondent No'4: SRI R' CHANDRA SHEKAR REDDY' SC

WRIT PETITION NO: 36864 OF 2024 Between:

Smt. Sirikonda Nagamani, W/o. Biksham, Aged Occ. Homemaker, R|/o. H.No.5-352, R.K. Nagar -1 , Patancheru Mandal, Sangareddy District.

about 35 lndresham years, Village, ...PETITIONER AND '1 . The State of Telangana, Rep. by its Principal Secreta Rural Development Department, TS Secretariat, BRK Hyderabad.

Panchayat Raj and havan, Saifabad, ry,

2. The District Collector, (PanchayatWing) Sangareddy, Sangareddy Dishict.

3. The District Panchayat Officer, Sangareddy, Sangareddy District.

4. The Gram Panchayat -lndresham, Rep. by its Panchayat Secretary, Patancheruvu Mandal, Sangareddy District.

RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that In the circumstances stated in the affidavit filed {herewith, the High Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents particularly respondent Nos.3 and 4 in interfering with the peaceful possession and enjoyment and threatening to demolish the petitioner house bearing no. 5-352 in house plot no. 352 in Sy. No. 148/fuAA and E total admeasuring to an extent 166.5 Sq. Yards which is equivalent to 139.40 Sq. Mtrs. Situated at R.K.

Nagar Colony, lndresham Village, Patancheru Mandal and Sangareddy (the then Medak) District, without having any authority, without giving any notice and stating any reason for interference despite having due clnstruction permission issued by the 4th respondent Gram Panchayat is illegal, arbitrary and violation of Articles 14 and 300-A of Constitution of lndia apart from violation of principles of natural justice and consequently direct the respondents to not to interfere and not to demolish the petitioner house bearing no. 5-352 in house plot no. 352 in Sy. No. 1,18/A/AA and E total admeasuring to an extent 166.5 Sq. Yards which is equivalent to 139.40 Sq. Mtrs. Situated at R.K. Nagar Colony, lndresham Village, Patancheru Mandal and Sangareddy (the then Medak) District.

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IANO: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 direct the respondents not to interfere in any manner / demolish the petitioner house bearing no.5-352 in house plot no. MOW Sy. No. 148/A/AA and E total admeasuring to an extent 166.5 Sq. Yards which is equivalent to 139.40 Sq' Mtrs. Situated at R.K. Nagar Colony, lndresham Village, Patancheru Mandal and Sangareddy (the then Medak) District, pending disposal of the Writ Petition. Counsel for the Petitioner: MS. K. RAJITHA, REP. BY SRI JALAPALLI MADHAVI REDDY Counsel forthe Respondent Nos.1 to 3: GP FOR PANCHAYAT RAJ RURAL DEVELOPMENT Counsel forthe Respondent No.4: SRt R. CHANDRA SHEKAR REDDY, SC WRIT PETITloN NO: 36871 OF 2024 Between:

Smt. N. Padma, Wo.N. Subba Rao, Aged about 46 years, Occ. Private Service, Ryo. H.No.5-177, R.K. Nagar -1, lndresham Village, Patancheru Mandal, SangareddY District.

...PETITIONER AND The State of Telangana, Rep. by its Principal Secretary Panchayat Raj and Rural Development Department TS Secretariat, BRK Bhavan, Saifabad, Hyderabad 1.

The District Collector, (Panchayat Wing) Sangareddy, Sangareddy District, / 2.

The District Panchayat Officer, Sangareddy, Sangareddy District 3.

The Gram Panchayat -lndresham, Rep by its Panchayat Secretary Patancheruvu Mandal, Sangareddy District 4.

...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, Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents particularly respondent Nos. 3 and 4 in interfering with the peaceful possession and enjoyment and threatening to demolish the petitioner house bearing no. 5-177 in plot no. 177 in !a Ib I

Sy. No. 165/4, Sy.No. 165iAA, Sy.No. 165/E Sy.No. 148/AA, Sy.No.'148lE, admeasuring to an extent of |66 sq. yds. situated at R.K. Nagar Colony, lndresham Village, Patancheru Mandal and Sangareddy (the then Medak) District, without having any authority, without giving any notice and stating any reason for interference despite having due construction permission vide Proceeding No.278 / GP.KA/ 2018 dated.26 .07.2018 issued by the 4th respondent Gram Panchayat is illegal, arbitrary and violation of Articles 14 and 300-4 of Constitution of lndia apart from violation of principles of natural justice and consequently direct the respondents to not to interfere and not to demolish the petitioner house bearing no.5-177 in plot no. 177 in Sy. No. 165/4, Sy.No.165/4,4, Sy.No. 165/E Sy.No. 148lAA, Sy.No. '148/E, admeasuring to an extent of 166 sq. yds. situated at R.K. Nagar Colony, Indresham Village, Patancheru Mandal and Sangareddy (the then Medak) District.

lA NO: 1 OF 2024 Petition under Section 'l 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to not to interfere in any manner i demolish the petitioner house bearing no.5-177 in plot no. 177 in Sy. No. 165/A, Sy.No. 165iAA, Sy.No. 165/E Sy.No. 148/AA, Sy.No. '148lE, admeasuring to an extent of '166 sq. yds. situated at R.K. Nagar Colony, lndresham Village, Patancheru Mandal and Sangareddy (the then Medak) District, pending disposal of the Writ Petition. Counsel for the Petitioner: MS. K. RAJITHA, REP. BY SRI JALAPALLI MADHAVI REODY Counsel forthe Respondent Nos.1 to 3: GP FOR PANCHAYAT RAJ RURAL DEVELOPMENT Counsel for the Respondent No.4: SRI R. CHANDRA SHEKAR REDDY, SC

WRIT PETITION NO : 36874 OF 2024 Between:

Smt. Pala Shobha Rani, Wo. Pala Yadagiri Goud, Aged about 53. y.-ears, OCC. Housenold, R/o. H.No.5-16, R.K' - Nagar -1, lndresham Village, Patancheru Mandal, Sangareddy District.

...PETITIONER AND The State of Telangana, Rep. by its Principal Secretary Panchayat Raj.and Ruiai oevetopmen[ DepartmeniTS Secreiariat, BRK Bhavan, Saifabad, 'Hyderabad The District Collector, (Panchayat Wing) Sangareddy, Sangareddy District, The District Panchayat Officer, Sangareddy, Sangareddy District

4. The Gram Panchayat -lndresham, Rep by its Panchayat Secretary Patancheruvu Mandal, Sangareddy District ...RESPONDENTS Petition under Article 226 ot 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, order or direction more particularly one in the nature of wRlT oF MANDAMUS declaring the action of respondents particularly respondent Nos.3 and 4 in interfering with the peaceful possession and enjoyment and threatening to demolish the petitioner house bearing no. 5-16 in house plot no. 16 in Sy. No. 14BlA, E and 165/4, AA, total admeasuring to an extent '166'6 Sq' Yards which is equivalent to 139.2 Sq. Mtrs' Situated at R.K.

Nagar Colony, lndresham Village, Patancheru Mandal and sangareddy( the then Medak) District, without having any authority, without giving any notice and stating any reason for interference despite having due construction permission daled.21.o1 .20't 6 issued by the 4th respondent Gram Panchayat is illegal, arbitrary and violation of Articles 14 and 300-A of constitution of lndia apart from violation of principles of natural justice and consequently direct the respondents to not to interfere and not to demolish the petitioner house bearing no. 5-16 in house plot no. 16 in Sy. No' 1481A, E and 165/A, AA, total admeasuring to an extent '166.6 Sq. Yards which is equivalent to 139.2 Sq. Mtrs. Situated at R'K. Nagar Colony, lndresham Village, Patancheru Mandal and Sangareddy( the then Medak) District.

lA 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 direct the respondents to not to interfere in any manner i demolish the petitioner house bearing no.5-16 in house plot no. 16 in Sy. No. 148/A, E and 165/4, AA, total admeasuring to an extent 166.6 Sq. Yards which is equivalent to '139.2 Sq. Mtrs. Situated at R.K. Nagar Colony, lndresham Village, Patancheru Mandal and Sangareddy( the then Medak) District, pending disposal of the Writ Petition. Counsel for the Petitioner: MS, K. RAJITHA, REP. BY SRI JALAPALLI MADHAVI REDDY Counsel for the Respondent Nos.'l to 3: GP FOR PANCHAYAT RAJ RURAL DEVELOPMENT Counsel for the Respondent No.4: SRI R. CHANDRA SHEKAR REDDY, SC WRIT PETITION NO: 36889 OF 2024 Between:

Smt. Kalyani Chimata,, Wo. Raju, Aged about 31 years, Occ. Software Employee, F/o. H.No.5-35'1, R.K. Nagar -'l , lndresham Village, Patancheru Mandal, Sangareddy District.

...PETITIONER AND ry Panchayat Raj and Bhavan, Saifabad, The State of Telangana, Rep. by its Principal Secreta Rural Development Department TS Secretariat, BRK Hyderabad

2. The District Collector, (Panchayat Wing) Sangareddy, Sangareddy District,

3. The District Panchayat Officer,, Sangareddy, Sangareddy District

4. The Gram Panchayat, lndresham Rep by its Panchayat Secretary Patancheruvu Mandal, Sangareddy District ...RESPONDENTS Petition under Article 226 o'l 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, Order or direction more particulady one in the nature of WRIT OF MANDAMUS declaring the action of respondents particularly respondent Nos.3 and 4 in interfering with the peaceful possession and enjoyment and threatening to demolish the petitioner house bearing no. 5-351 in house plot no.

351 in Sy, No. 148/AA, E and 165/A,A4, total admeasuring to an extent 166.6 Sq. Yards which is equivalent to 139-2 Sq. Mtrs' Situated at R'K. Nagar Colony' lndresham Village, Patancheru Mandal and sangareddy(the then Medak) District' without having any authority, without giving any notice and stating any reason for interference despite having due construction permission proceeding no. 01tGP.Ka.t2O21 dated. 03.01 .2021. issued by the 4th respondent Gram Panchayat is illegal, arbitrary and violation of Articles 14 and 30o-A of constitution of lndia I apart from violation of principles of natural lustice and consequently d irect the respondents to not to interfere and not to demolish the petitioner house bearing no.5-351 in house plot no.351 in Sy. No. 148/AA, E and 165/4,AA, total admeasuring to an extent 166.6 Sq. Yards which is equivalent to '139.2 Sq. Mtrs. SituatedatR.K.NagarColony,lndreshamVillage,PatancheruMandaland Sangareddy(the then Medak) District.

IA NO: 1 OF 2024 Petition under section 151 CPC praying that in the circumstances stated in theaffidavitfiledinsupportofthepetition,theHighCourtmaybepleasedtodirect the respondents to not to interfere in any manner / demolish the petitioner house bearing no. 5-351 in house plot no.351 in Sy. No. 1,18/AA, E and 165/A,AA, total admeasuring to an extent 166.6 Sq. Yards which is equivalent to 139.2 Sq. Mtrs. SituatedatR.K.NagarColony,lndreshamVillage,PatancheruMandaland Sangareddy(the then Medak) District, pending disposal of the writ Petition. Counsel for the Petitioner: MS. K. RAJITHA' REP' BY SRI JALAPALLI MADHAVI REDDY CounselfortheRespondentNos.lto3:GPFORPANCHAYATRAJRURAL DEVELOPMENT Counsel for the Respondent No.4: SRI R. CHANDRA SHEKAR REDDY' SC The Court made the following: COMMON ORDER I

TIIE IIONOURABLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION NOs.36850.36854, 36871, 36A7+ and 36889 of 2024 COMMON ORDER:

In all these writ petitions, the petitioners are alleging that the respondents a-re intentionally coming to their properties and threatening to demolish their houses without any basis and without issuing any notices to them. 2.

Learned counsel for the petitioners submitted that the petitioners have purchased their properties from their predecessors in title and that their predecessors in title have already obtained permissions from the Gram Panchayat before making constructions and therefore, their It constructions are not illegal.

3. karned Standing Counsel for Panchayat R"j has obtained written instructions from the District Panchayat Officer, Sangareddy District, stating that there was no notice issued nor were any attempts to demolish in respect of the said properties and that the petitioners are intentionally misguiding the High Court and therefore, the writ petitions may be dismissed.

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In view of the above submissions made by both the parties, this Court is of the opinion that there is no imminent threat to the properties of the petitioners and the respondents shall not interfere with the peaceful possession of the petitioners without following due process of law. 5.

With the above observations, these writ petitions are disposed of. There shall be no order as to costs. 6.

Miscellaneous petitions pending, if any, shall stand closed.

SDAN. SRIHARI / ASSISTANT REGISTRAR / //TRUE COPYII sEcTtoN brHceR To, 1.

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HIGH COURT DATED:31 11212024 TA 14:

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ORDER

WRIT PETITION Nos. 36850, 36864, 36871, 36874 and 36889 0F 2024 DISPOSING OF THE ALL WRIT PETITIONS WITHOUT COSTS o*,'ow