This single-bench order dismissed a writ petition alleging illegal construction by a Gram Panchayat on the petitioner's land, holding the petition not maintainable as administrative remedies were not exhausted and the Gram Panchayat was not a party.
Writ petition dismissed; no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
WRIT PETITION No.22249 of 2015
Between:
Vonteddu Linga Reddy, S/o. Anthi Reddy, Aged about 65 years, Occ: Agriculture, R/o. Nadikuda Village, Gurrampudu Mandal, Nalgonda District.
.. Petitioner
AND
The State of Telangana, Rep. by its Secretary, Panchayat Raj, Secretariat, Hyderabad & 3 others
.. Respondents
DATE OF JUDGMENT PRONOUNCED: 20.07.2015
SUBMITTED FOR APPROVAL:
THE HON’BLE SRI JUSTICE P.NAVEEN RAO
HON’BLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.22249 of 2015
ORDER:
The petitioner claims to be the owner of 5 guntas of land in Survey No.14/8, situated at Nadikuda Village, Gurrampudu Mandal, Nalgonda District. While so, the Gram Panchayat is constructing a building in the said land. This action of the Gram Panchayat is illegal. The petitioner alleges to have made oral complaints and since there was no response and the building construction is progressing at brisk pace, this writ petition is filed.
2. As seen from the averments in the affidavit filed in support of the writ petition and the material papers enclosed to the writ petition, no complaint is filed by the petitioner either to the Gram Panchayat or to the higher authorities, such as the Divisional Panchayat Officer and the District Panchayat Officer, complaining of illegal construction made on the piece of land belonging to him, but straight away, this writ petition is filed. Further more, the Gram Panchayat, who is alleged to be undertaking the construction of the building is not made a party. Thus, the writ in the present form is not maintainable and liable to be dismissed.
3. Accordingly, the Writ Petition is dismissed. However, it is open to the petitioner to agitate the grievance of the petitioner before the competent authority and as and when such a complaint is filed, the competent authority shall look into the grievance of the petitioner and take a decision, as expeditiously as possible, preferably within a period of three (3) weeks from the date of making such complaint. There shall be no order as to costs. Miscellaneous petitions, if any, pending in these writ petitions shall stand closed.
P.NAVEEN RAO, J
Date: 20th July, 2015
KL
HON’BLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.22249 of 2015
Date: 20th July, 2015
KL
1 issue framed by the court
Whether the writ petition challenging illegal construction by Gram Panchayat without exhausting remedies against the Gram Panchayat is maintainable.
Vonteddu Linga Reddy
The State of Telangana, Rep. by its Secretary, Panchayat Raj
Naveen Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
