Writ petition invoking Article 226 of the Constitution of India challenging the inaction of Panchayat authorities in stopping unauthorized construction by a respondent on petitioner's land. The High Court upheld the objectionable aspect regarding the construction activity.
Prayer to direct respondents to stop illegal construction was rejected.
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.
[3167 I
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
WEDNESDAY, THE TWENTY FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTYTWO
PRESENT
THE HONOURABLE SRI JUSTICE A.ABHISHEK REDDY
WRIT PETITION NO: 5377 OF 2022
Between:
Mohammed Abdul Rahman, S/o Mohammed Sab, aged about 58years, Occ:Agriculture, R/o Shivampet village and Mandal, Medak Diskict.
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondent Nos. 3 and 4 herein in taking action to stop the illegal and unauthorized construction made by the Sth respondent in thepetitioner's land in Sy.No. 2A56 admeasuring Ac.0.14 guntas, situated at Shivampet village and Mandal, Medak District, inspite of the instructions issued by the 3rd respondent vide Memo No114312021142-Pls dl. 711012021 followed by personal viits, as being illegal, arbitrary, unjust and u nconstitutional, and consequently direct the respondent Nos. 3 and 4 herein to forthwith pull down/demolish the illegal and unauthorized construction made by the
/
Sth respondent in th r;rbove mentioned land and to submit the action taken report to the 2nd respond, 'nt, and to grant such other relief or reliefs"as this Hon'ble Court deems fit and :rr,:per in the circumstances of the case.
lA NO: 1 OF 2022
Petition under Se:tion 151 CPC praying that in the circumstances stated in the affidavit filed in s rprport of the petition, the High Court may be pleased to direct the respondent No. ] and 4 herein to forthwith stop the illegal and unauthorized construction made ir the petitioner's land in Sy.No. 2A56 admeasuring Ac. 0.',l4 gts., situated at Shi'axpet village and Mandal, Medak District, in compliance of the Memo No1143/2tt21l{2-Pts dt 711012021 issued by the 2nd respondent herein, pending disp,,sal of the main Writ Petition.
Counsel for the Peti ioner : SRl. VAJJA HANUMANTH
Counsel for the Res )opds11 No's 1 to 3 : GP FOR PANCHAYAT RAJ RURAL DEV.
Counsel for the Resl:c,ndent 4 : SRl. M. RAM GOPAL RAO, SC FOR GRAM PANCHAYATH
Counsel for the Resrrc,ndent 5 : T VENKAT RAJU GOUD
The Court made the following: ORDER
THE HON'BLE SRI JUSTICE A. ABHISHEK REDDY WRIT PETITION No.5377 of 2022
ORDER:
Questioningthe action of the respondent Nos.3and 4 in taking action to stop the illegal and unauthorized construction made by the respondent No.5 in the subject land belonging to the petitioner situated at Shivampet Village and Mandal, Medak District, in spite of the instructions issued by the respondent No.3 vide Memo dated 07.10.2021, the petitioner has frled the present Writ Petition.
It is the case of the petitioner that he is the absoiute owner and possessor of the land admeasuring Ac.0.14 guntas in Survey No.56 situated at Shivan(et Village and Mandal, Medak District, having purchased the same from its lawful owner for a valid sale consideration by virtue of a registered sale deed dated 17.01.2022. That thereafter, thepetitioner got mutated his name in the revenue records and he is having pattadar pass book and title deed. While so, the respondent
AAR, J u.P.No.5377 of 2022
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No.5, who is n,rne other than the brother of thepetitioner, along with liis fiLnrily nrembers, interfered with thepossession and enjoymenr c,f the petitioner in respect of the subject land, therefore. the rotitioner has filed O.S.No.188 of 2021 in the Courl of Jun cr Civil Judge, Narsapur, seekingperpetual injunction and tle said suit is pending adjudicatron. It is stated further that 1re: respondent No.5 along with his family rnembers durir g pendency of the said civil suit, has trespassed into the subjec land of the petitioner and tried to proceed with the constructic r v,ithout obtaining any valid permission frorn the authority ;oncemed. Therefore, the petitioner has submitted writ'en complaints to the respondent No.2* District Panchayat Of iccr, Medak, for taking action against the respondent r..\o 5 in respect of the unauthorized construction made in the su rjer:t land. Thereupon, the respondent No.2 has directed the espondent. Nos.3 and 4, Gram Panchayat authorities, to it{ll) the illegal construction of the respondent No.5 and take recessar), acti()n as per rules, in spite of which,
AAR, J W -P-No.5377 of 2022
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the Gram Panchayat authorities have not taken any action and the respondent No.5 is proceeding with the construction activity. In the circumstances, the petitioner has filed the present Writ Petition.
) !
In the counter filed by the respondent No.5, it is clearly stated that the respondent No.5 purchased the subject land way back in the year 2005, obtained valid permission from the Gram Panchayat, Shivampet, and constructed a house long back and also made modifications subsequently. Furlher, the I.A.No.525 of 2021 in O.S.No.l88 of 2021 filed by the petitioner for grant of injunction has already been dismissed by the leamed Junior Civil Judge, Narsapur. A copy of the building permission dated 02.02.2005 has been enclosed to the counter. The same has not been denied by the petitioner by way of filing either any reply or any iebuttal evidence.
Having regard to the above, theprayer sought by the
petitioner to direct the official respondents to stop the illegal
\
4 AAR, J \ .P.No-5377 of 2022
and unauthoril,erl construction of the respondent No.5 in the
suhject land carrnot be granted.
Therelbr :, rhis Writ petition fails and the same is
accordingly d is nn issed.
Miscella eous applications, if any pending, shall stand
closed. There sha.ll be no order as to costs.
SD/- MOHD.SANAULLAH ANSARI ASSISTANT REGIST R
\
,TRUE COPY//
SECTION FFICER
To,
KARA__
SW
HIGH COURT
DATED:21 109'2'.(122
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ORDER
WP.No.5377 <fi:2022
DISMISSING ;)F THE WRIT PETITION
WITHOUT CC S;I'S
lvtfi-
)r2
1 issue framed by the court
Whether the Gram Panchayat authorities were obligated to stop unauthorized construction on disputed land despite previous instructions.
Mohammed Abdul Rahman
State of Telangana
District Panchayat Officer
Mandal Panchayat Officer
Gudur Gram Panchayat
Mohammed Mojam Ali
A. Abhishek Reddy
Sanaullah Ansari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
