Allowed

Devthadf Gnaneshwar v. The District Collector

Telangana HC4 Mar 2024WP/11426/2015

Case brief

AI extract

What is this about?

Writ petition challenging inaction of Gram Panchayat officials in receiving application for residential house construction. Court refused merit examination based on missing documents, directing fresh application with necessary papers.

What did the court decide?

Directed petitioner to file fresh application with relevant documents; respondents directed to receive it and pass orders within three months.

Devthadf Gnaneshwar Vs The District Collector — Property and Title | Telangana HC (2024)

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[³³⁰² ]

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Originat Jurisdiction)

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MONDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE K. SARATH

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WRIT PETITION NO: 11426 OF 201s

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Between:

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DEWHADF GNANESHWAR, s/o Batiram, aged 43 years, occ Private 9q.pl9Ve.e,^{r/o H.No.3-1 19, Subhasnagar,} Dasnapur, Mandal and District Adilabad.

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...PETITIONER

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AND

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The District Collector, Adilabad.

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The District Panchayat Officer, Aditabad.

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The Executive Officer cum Panchayath Secretary, Grampanchayath, Mavala, Mandal and District Aditabad

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4 Sarpanch, Grampanchayat, [Vlavala. tvlandal and District Adilabad.

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5 The State of Telangana, rep by prt_ Secretary, panchayat Raj Department, Secretariat, Hyderabad.

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b The Gramp_a_nchayat, Mavala, Mandal & Drsl.ct Adilabad, Reoresented bv the Executtve Ofticer, cum Panchayat Secretary. Adilabad, Distri;t Adilabad.' (Respondent No.6 is impteaded as per C.O. dated OltO'tZOlS in WpMp No. 1636s/201s)

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...RESPONDENTS

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Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit f ile<l therewith, the Hrgh^'cJurt may be pleased to pass an order, or orders, direction or directions, or issue a writ, more particularly in the nature of writ of Mandamus, drrecting the respondents herein particularly the respondent No- 3 & 4 herern to receive tne presciibeo application form for permission to construct a residentiar house and grant permission to construct residential house within the area of r 10.66 sqrare yards situated in -by Sy.No.'l 70/53 of village and Grampanchayat, Mavata, bounded towards East: Open land of M. Srinivasa Swamy, West. road, North: house of Subhashini, south: Road, and consequenfly decrare the action of the respondents in not receiving the application form for permission to construct residential house and as well as interfering with the peacefur possession and enjoyment of my above

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said property is illegrrl, arbitrary, violative of Article 14,21 & 300-A of the constitution of lndia and against the mandatory provisions of A.P. Panchayatraj Act and its rules.

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l.A. NO: 1 OF 201 WPMP. NO: 15089 OF 2015

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit frled in support of the petition, the High Court may be pleased to pass an order, directing the respondents herein particularly the respondent no.3 & 4 herein that not to interfere with the peaceful^possession and enjoyment of the residentral open plot of the petitioner i.e. 1 10.66 square yards situated in Sy. No. 1 70153 of village & Grampanchayat, Mavala, bounded by towards East: Open land of M. Srinivasa Swamy, West: road, North: house of Subhashini, South. Road, pending disposal of main Writ Petition, in the interest of Justice.

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l.A. NO:2 OF 2015(WPMP. NO:15090 OF 2015)

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Petitron under Section 151 CPC praying that in the circumstances stated in the affidavrt filed in support of the petition, the High Court may be pleased to pass an order, drrecting the respondents herein pa(icularly the respondent no. 3 & 4 herein to receive the application form for^permission to construct the residential house of petitioner within the area of 1 10.66 square yards situated in Sy.No.170/53 of village & Grampanchayat, Mavala, bounded by towards East: Open land of IVI Srinivasa Swamy, West: road, North: house of Subhashini, South: Road, by granting permission to construct the residential house, pending disposal of main Writ Petition, in the interest of Justice.

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l.A. NO: 4 OF 2015(WPMP. NO: 25524OF 20151

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Pelitron under Section 151 CPC praying that in the circumstances stated in the affidavrt filed in support of the petition, the High Court may be pleased to receive the following documents i.e. (1) copy of letter No.350/GP/Ma valal2O15. dated 4-6-2015; (2) Copy of Memo No.350/GPM/1 5, dated 15-6-11015: (3) Copy of proceedings No.350/GPMl2O15, dated 17-6-2015, (all are issued by the respondent no 3) for the interest of justice.

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Counsel for the Petitioner: SRI S. CHANDRASEKHAR

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Counsel for the Respondent No.3,4 & 6: SRI G. NARENDER REDDY (sc FoRTG ZPP-MPP-GPPS)

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Counsel for the Respondent No.1,2 & 5: GP FOR PANCHAYAT RAJ

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The Court made the following: ORDER

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Page 1 of 4 sr,J

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THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.11426 OF 2015 ORDER:

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This writ petition is filed under Article 226 of the Cohstitution of India:

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" ..,..to issue an appropiate Wit order or direction, more particularlg in the nature of the W of Mandamus directing the respondents Nos.3 and 4 to receiue lhe prescnbed application Form for permission^qnd to granl pemtissioi Lo construct a residential house in an area of 11O.66 Sq.Yards situated in Sy.No.l7O/ 53 of Mauala village, and consequentlA to declqre the inaction of the respond.ents in not receiuing the appltcation Form for^{permissiontoconstruct the house etl esLuell as in} interkring ruith the possession of tlte l)etttotpr oucr lhe subject plot as illegal, arbitra.ry, uiolatiue of Atltcle 14.21 and 300-A of the Constihttion of India . . ..."

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Heard the learned Counsel for the petitioner as well as the learned Government Pleadcr for Panchayath Raj ald Rural Development appearing for the respondents.

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In this writ petition the petitioner is questioning the inaction of the respondent Nos.3 and 4 in not receiving application from the petitioner for grant of 1 perynission for construction of a rcsidential house in

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PaEe 2 of 4 sr(,J

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Sy.No.l7O/53 to an extent of 110.66 Sq.yads situated at Mavala village and Gram Panchayath.

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The learned Government Pleader for Panchayath Raj and Rural Development basing on the counter would submit that originally the land in Sy.No. l7O/53 was assigned to one Sri Rajanna. The son of the original assignee, formed 36 open plots in the said land and sold to various persons, contrary to the rules made in G.O.Ms.No.667, PR & RD, Department dated 26.02.2002. The petitioner is one among such purchasers. The petitoner has submitted an application to the respondents through post on 04.06.20 15 and after examining the same it was found that the petitioner has not submitted any proof that he has obtained NALA for conversion of the land from agricultural to non-agricultural and therefore the application fiied by the petitioner can be rejected and requested to dismiss the writ petition.

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Page 3 of4 sr,J

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After hearing both sides, without^going to merits of the case, and as it is the contention of the^respondents. that that the application frled by the petitioner^dated 04.06.2015 is liable to be rejected as relevant^documents were not enclosed along with his application.

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The action of the resPondents in not^receiving application on the ground of the^{petitioner is not having} valid title is not acceptable and the respondents have^to receive the application from the petitioner^{then they} have to pass appropriate orders as^per law.

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In view of the same, the petitioner is directed^{to file} application afresh along with the relevant documents^to the concerned Gram Panchayath, for^{permission for} construction of the house as per Section^{114 of} Telangana Paanchayath Raj Act, 20 18, and upon^such submission, respondents-authorities are directed^to receive the same and pass appropriate orders thereon within three (3) months lrom date o[ receipt of application.

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Page 4 o,'4 sr,J

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Accordingly, with the^{above direction this w-it}

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petition is disposed of-^{No orderas to costs'}

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9 As sequel to it,^{MiscellaneousPetitions pending,if}

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any, shall stand^closed- SD/.N.SRIHARI AssrsrAYrffgsrRAR ,TRUE^COPY// SECitON^OFFICER

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To,

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i iii E.'S ff t",li:l^{i$' mfibtXds} ""'"t"'v' G ra m^{pan ch avath'Ma vaI a'} ;Hii.s1{$,Ijil'#$lhiilxul'd}[1r"::iitR:'s3\l:r1:1i'""

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; i""su fl #ie: ixltffirsso^{tsYEdR+9"'?'' "} PAN.HAYAT^{RAJ' Hish courtror the Stateor} : Ygnf"',*R 9. Two^{CD Coptes}

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HIGH COURT

DATED:0410312024

ORDER

WP.No.11426 of 2015

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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Devthadf Gnaneshwar v. The District Collector

Case brief

What is this about?

What did the court decide?

Devthadf Gnaneshwar v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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