Abdul Sukur v. State Of Telangana

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.43029 OF 2018 Date:10.12.2018 Between:

Abdul Sukur, S/o. Ismail, Aged about 50 years, Occ: Agriculture, R/o. Chanduguda, Kerameri Village, Kerameri Mandal, Komurambheem Asifabad District .. Petitioner And The State of Telangana, rep., by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat, Hyderabad and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.43029 OF 2018 ORDER:

Heard learned counsel for petitioner, learned Government Pleader for Panchayat Raj for respondent Nos.1 and 2 and Sri G. Narender Reddy, learned Standing Counsel for Gram Panchayat for respondent No.3.

2.

Petitioner claims to be the owner of agricultural lands to an extent of Acs.4.06 guntas in Survey No.58/B and Acs.3.00 in Survey No.58/A/1 of Keremeri Village and Mandal, Komurambheem Asifabad District. He claims that unofficial respondent is undertaking construction without converting the land for non-agricultural purpose and without obtaining permission from the competent authorities. Hence, this Writ Petition.

3.

The pleadings in the Writ Petition would disclose that the petitioner has grievance against the unofficial respondent on the ground that unofficial respondent is occupying his land and undertaking illegal construction. Whether the land belongs to petitioner or the unofficial respondent cannot be gone into in this Writ Petition. If petitioner has grievance that illegal construction is taken up by the unofficial respondent on the land belonging to him, he has to work out his remedies before appropriate forum. 4.

Learned Standing Counsel for Gram Panchayat, on instructions, would submit that the subject land falls in the agency area and the Gram Panchayat has already taken steps to stop illegal construction.

5.

Leaving it open to the petitioner to work out his remedies with regard to illegal construction and also leaving it open to the Gram Panchayat to continue the action already stated to have been initiated against the unofficial respondent, the Writ Petition is disposed of. There shall be no order as to costs. Pending Miscellaneous Petitions, if any, shall stand closed. ____________________ P. NAVEEN RAO, J Date:10.12.2018 KH