The West Godavari District Police Employees Cooperative v. The Gram Panchayat, Satrampadu, Eluru Mandal

Telangana HC8 Oct 2010WP/24072/2007

Case brief

AI extract

What is this about?

In a writ petition challenging encroachments on layout roads by respondents, the High Court held factual disputes required civil proceedings. The court ultimately disposed of the petition by permitting the petitioner to file a fresh representation to the District Collector for appropriate action.

What did the court decide?

Order disposed; petitioner permitted to file fresh representation to District Collector within three weeks for an enforcement action within four weeks.

The West Godavari District Police Employees… — Municipal and Town Planning | Telangana HC (2010)

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THE HON’BLE SRI JUSTICE NOUSHAD ALI

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Writ Petition No.24072 of 2007

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ORDER :

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The petitioner-society has filed this Writ Petition seeking to declare the inaction of the respondents 1 to 4 in not taking steps for removal of unauthorised and illegal constructions said to have been made by the respondents 5 to 9 by encroaching the approach roads in the sanctioned lay out plan No.55/2002/R2 in file No.11069/94/R2, dated 30-09-2002, approved by the Director of Town and Country Planning, Andhra Pradesh, Hyderabad, situate in R.S.Nos.72/4 to 72/6 Satrampadu Grampanchayat in R.S.Nos.117 and 118 of Vatluru Gram Panchayat, as illegal and arbitrary.

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The petitioner-society is a registered society consisting of 157 members.

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It claims that during 1998, the land an extent of Acs.14.48 cents situate in R.S.Nos.515 to 517 of Duggirala Grampanchayat and R.S.Nos.72/2 to 72/6 of Satrampadu Grampanchayat was purchased by it under various registered documents and thereafter obtained lay out approval from the Director of Town and Country Planning. Based on the said lay out, plots were demarcated and allotted to the members of the society and roads were also laid. The petitioner-society alleges that the respondents 5 to 8 encroached the eastern boundary of the lay out and the 9^th respondent has raised an unauthorised fencing blocking the approach roads of the plots allotted to the members on the southern side of the lay out. The petitioner-society made several complaints to the respondents to remove the said encroachments. As the said representations did not yield any result, this Writ is filed.

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Whether the respondents 5 to 9 have illegally encroached and blocked the approach roads leading to the lay out of the land of the petitioner-society and whether the said respondents are entitled to do so are all the facts which cannot be decided in this Writ Petition. The

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petitioner-society can as well approach the District Collector, West Godavari District and make a representation seeking redressal of the said grievance. Accordingly, the petitioner-society is permitted to make a fresh representation to the District Collector giving details of the encroachments said to have been made by respondents 5 to 9 within a period of three weeks from the date of receipt of a copy of the order and if such representation is made, the District Collector, West Godavari District, may consider and take appropriate action thereon within a period of four weeks thereafter.

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The Writ Petition is accordingly disposed of. There shall be no order as to costs.

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________________ NOUSHAD ALI, J.

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08^th October, 2010. skmr

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THE HON’BLE SRI JUSTICE NOUSHAD ALI

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Writ Petition No.24072 of 2007

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Date : 08-10-2010

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Between : The West Godavari District Police Employees Cooperative House Building Society Ltd., Eluru, rep. by its President P.Rambabu, son of Satyam, aged about 51 years, resident of N.R.Peta, Eluru, West Godavari District. .. Petitioner and The Gram Panchayat, Satrampadu, Eluru Mandal, West Godavari District, rep. by its Village Reveue Officer & 8 Others .. Respondents

The West Godavari District Police Employees Cooperative v. The Gram Panchayat, Satrampadu, Eluru Mandal

Case brief

What is this about?

What did the court decide?

The West Godavari District Police Employees Cooperative v. The Gram Panchayat, Satrampadu, Eluru Mandal

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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