High Court disposed of a writ petition seeking to stop illegal construction by directing officials to consider a representation and pass appropriate orders within six weeks.
Direct official respondents to consider the petitioner's representation, give notice to the unofficial respondents, and pass appropriate orders within six weeks.
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.
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
WEDNESDAY, THE NINETEENTH DAY OF OCTOBER TWO THOUSAND AND TWENW TWO
PRESENT
THE HON'BLE SMT JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO: 27799 OF 2022
Between:
Smt. Chette Radha, Wo. Chette Mallareddy, Aged about 33years, Occ. House Wife, R/o. H.No.4-29, KondapurVillage, Medipalli Mandal, Jagtial District.
...PETITIONER
AND
Respondent No-S Cause Title is amended and Respdndent No.7 is impleaded as per court order dated 01.09.2022 in l.A.Nos 2 and 3 of 2022 respectively.
...RESPONDENTS
Petition under Article 226 ol lhe 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 inaction of the Respondents No. 2 to 5 herein in taking necessary action against the representation made to the Respondent No.2 herein as part of Prajavani vide acknowledgement registration no. JG0311E12O22100092 dt. 30-05-2022, which is further sent to Respondent No.3
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regarding the illegal construction being made by Respondent No.6, situated at Kondapur Village, l4edipalli Mandal, Jagtial Diskict, without obtaining valid construction permis:; lns from the concerned authorities, with,rut following the se! back rules imposed I,y the Telangana Panchayat Raj Act, 2018, and encroaching some piece of the la rd belonging to the Petitioner, which is adlacent to the house construction site of Respondent No.6 is illegal, arbitrary ,and the violation of principles of natural usiice and contrary to the provisions of the Telangana Land Acquisitions Act., 20 8 and consequently direct the respondenl Nos. 2 to 5 to stop the illegal constructrr n made by the Respondent No.6.
lA NO: 1 OF 2022
Petition under Section 1 51 CPC praying that in the cir,:Limstances stated in the affidavit filed in s rpport of the petition, the High Cor.rrt rna,7 be pleased to direct the respondents to rtop the illegal construction made bv the Respondent No.6, 'situated at Kondapu Village, Medipalli Mandal, Jagtial District, in pending disposal of the above writ pel tion.
Counsel for the P€,i tir:ner: Ms. MOGILI ANAVENI
Counsel for the Rer pondent No.'t, 3 & 4: GP FOR PANCHAYAT RAJ AND RURAL DEVELOPMENT
Counsel for the Rr:: pondent No.2: GP FOR REVENUE
Counsel for the Rr:, ;pondent No.5: SRI CHITTI RAJ,
i.C. FOR GRAM PANCHAYAT
Counsel for the R,: ;pondent No.6 & 7: SRI l. MADHU SHA1 IMA
The Court made th r following: ORDER
HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION No.27799 of 2022
ORDER:
This writ petition is filed seeking the following reliel
" .. . to issue a Writ, 0rder or Direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondents No.2 to 5 herein in taking necessary action against the representation made to the Respondent No.Z herein as part of Prajavani vide acknowledgement registration no.JG031/E/2022/00092 d930.05.2022, which is further sent to Respondent No.3 regarding the fllegal construction being macle by Respondent N0.6, situated at Kondapur Village, Medipalli Mandal, Iagtial District, without obtaining valid construction permissions from the concerned authorities, without following the set-back rules imposed by the Telangana Panchayat Raj Act,2018, and encroaching some piece of the land belonging to the Petitioner, which is adjacent to the house construction site of Respondent No.6 is illegal, arbitrary and the violation of principles of natural iustice and contrary to the provisions of the Telangana Land Acquisitions Act, 2018 and consequently direct the respondent Nos.2 to 5 to stop the itlegal construction made by the Respondent No.6...."
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Miscellaneous applications, pending if any, shall stand closed.
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SD/-I. NAGALAK(HMI ? DEPUTREGIdTRAR I //rRUE coPY// secrro##rrcen To, 1. The Principal Secretery, Panchayat Raj Dept., State of Telangana, Hyderabad. 2. The District Collector, Jagtial District. 3. District Panchat Officer, Jagtial District. 4. Divisional Panchayat Officer, Korutla Division, Jagtial District. 5. The Panchayat Secretary, Gram Panchayat, Kondapur Village, Medipally Mandal' Jagtial District. 6. One CC to MS MOGILI ANAVENI, Advocate [OPUC] 7. fwo CCs to GP for Panchayat Raj and Rural Development, High Court for the State of Telangana at Hyderabad. [OUTI B. Two CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad. [OUT] 9. One CC to SRI CHITTI RAJ, S.C. for Gram Panchayat [OPUC] 10.One CC to SRI M RAMGOPAL RAO, S.C. for Gram Panchayat [OPUC] 11. One CC to SRI l. MADHU SHARMA, Advocate IOPUC] 12.Two C D Copies. 13.One Spare Copy MP GJP J {/
I-.IIGH COURT
DATI=D:1911012022
,a'<' STA TE o
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ORDER
WP.No,27799 ot 2O22
DISPOSING OF THE \4IRIT' PETITION W'IT'HOUT COSTS
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Chette Radha
State of Telangana, Rep. by its Principal Secretary, Panchayat Raj Dept.
District Collector, Jagtial District
District Panchayat Officer, Jagtial District
Divisional Panchayat Officer, Korutla Division
Gram Panchayat, Kondapur Village
Lalitha Kanne
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
