High Court held that without consent of the petitioner, respondents cannot lay drainage pipeline and ordered 2nd respondent to pass a reasoned order on petitioner's representation.
Directions to pass reasoned order on representation within two weeks after affording opportunity to petitioner.
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.
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
(Special Original J urisdiction)
TUESDAY ,THE TWENTY THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE
PRESENT
THE HON'BLE SRI JUSTICE T.AMARNATH GOUD
WRIT PETITION NO:4042 OF 2021
Between:
K. l,4anitha, W/o K. Chennaiah, Aged about 47 years, Occ. Housewife, R/o H.No.'13-10-104, P and T Colony, New Gaddiannaram Colony, Dilsukhnagar, Hvderabad - 500 060' Telangana
...pETrroNER
AND
...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 bepleased to issue a Writ, order, direction especially one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in laying of drainage line and drainagepits in open plot admeasuring 407.33 sq. yards, situated at Grama Kantam, Narkhoda Village and Gram Panchayat, Shamshabad Mandal, Ranga Reddy District, Telangana State of the petitioner as illegal, arbitrary, violative of Article 21 and 300-4 of the Constrtution of lndia and further declare the action of the respondents innot considering the representation dt.20-01-2021 of thepetitioner is also illegal and arbitrary and consequently direct the respondents to remove the drainage line and pits from the open plot of the petitioner admeasuring 407.33 sq. yards or 340.86 sq. meters, situated at Grama Kantam, Narkhoda Village and GramPanchayat, Shamshabad Mandal, Ranga Reddy District, Telangana State.
fA NO: 1 OF 2021
Petition under Section 151 CPCpraying that in the circumstances statedin the affidavit filed in support of thepetition, the High Court may bepleased to directthe respondents to remove the drainage line and drainagepits from theopen plot of the petitioner admeasuring 407.33 sq. yards or 340.86 sq. meters, situated at Grama Kantam, Narkhoda Village and Gram Panchayat, Shamshabad Mandal,RangaReddy District, Telangana State by considering the representation dt.20-01-2021of the petitioner, pending disposal of the main Writ Petition.
Counsel for the Petitioner : SRI CH. RAVINDER
Counsel for the Respondent No.1: GP FOR PANCHAYAT RAJAND RURAL DEVELOPMENT
Counsel for the Respondent No.2: SRI G. NARENDERREDDY,
SC FOR GRAMPANCHAYAT
The Court made the following: ORDER
THE HON'BL E SRI JUSTICET.AMARNATH GOUD
I
WRIT PETITION No.4O42 OF 2O2L
ORDER:
Heard learned counsel forthe petitioner and learned Government Pleader.
The case of the petitioner isthat in his open piot, the 2nd respondent is laying drainagepipeline for the benefit of the village and when the objectionswere filed by the petitioner, they were not considered and hence, thepresentwrit petition.
Upon instructions, learnedGovernment Pleader appearing lor the 2"d respondentwouldsubmit that already drainage pipeline has been laid.
Learned counsel for thepetitioner would submit that without consent of thepetitioner, the2"d respondent cannot layany drainagepipeline andadmittedly, the same is ex-facie illegaland as per the right conferredunder Article 300 of the Constitutionof India private property cannot betaken away.
Having regard to the facts andcircumstances of the case, the writ petition is disposedof directing the 2nd respondent to pass a reasoned order on the representationdated 20.O1.2021 filed by the petitioner keeping in view the factsand the legalpositionwithina period ol two weeks from the dateof receipt of a copy of this order after affording opportunityto the petitioner.. No costs.
Miscellaneouspetitions, if any, shall also stand dismissed
SD/.K.SAILESHI AssrsrANr tlclsrRAR //TRUE COPY// SECTION OFFICER
To,
1-ThePrincipalsecretaryPanchayatRajDepartment'StateofTelangana' Secretariai Building,BRKR Bhavan, Hyderabad' Z. ifrepancfravat Se;retary,Narkhoda Gram Panchayat,Narkhoda Village, Shamshabad Mandal,Ranga Reddy District' 3. One CC to SriCh. Ravindei, Advocate [OP-UC] ;. il; dd i;5;i c. r.rji"noeiiieddv,sc ior Gra-mpanchavat' Advocate l9lY9] s.twoCCstoGPforPanchayatRajandRuralDevelopment,HlghUounTorlne State of Telanganaat Hyderabad. [OUT] 6. Two CD CoPies
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HIGH COURT
OATED:2310212021
ORDER
WP.No.4042 ot 2021
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DISPOSING OFTHE WP WITHOUT COSTS
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2 issues framed by the court
Whether the laying of drainage line and pits in the petitioner's open plot without consent is illegal and violative of her fundamental rights.
Whether the respondents were obligated to consider the petitioner's representation dated 20-01-2021 before executing the work.
3 provisions across 1 enactments
K. l,4anitha
State of Telangana
Narkhoda Gram Panchayat
T. Amarnath Goud
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
