Jambalabai @ Kamsani Madhava Reddy Vs State of Telangana

Jambalabai @ Kamsani^{firladhavaReddy,S/o NarsaReddy Aged. about,46^Years'} O;;;a;ii."^{-Agriculture,R/o Thuniki fiollaram Village, Mulugu lvlandal, Siddipet} District, Telangana State

¶10

.....PETITIONER

¶11

AND

¶12

'1 . State of Telangana, Panchayat Raj and Rural Development Depjlrtment, Secretariat, Hfderabad^{- SO6 OZZ, Represented by its Principal Secretary'}

¶13

2 The District Panchayat^{Officer, Siddipet Disirict' Siddipet - 502 103, T S'}

¶14

The Divisional Panchayat^{Officer, Gaiwel, Siddipet District- 502278'} Telangana State.

¶15

The Mandal Panchayat Officer,^{Mandal Prala Parishad' Mulugu - 502 279'} Siddipet District, Telangana^State.

¶16

The Tuniki Bollaram^{GramPanchayat,Tuniki Bollaram Village, Mulugu} tr/andai, Siddipet District^{- 502279.f .5.}

¶17

Kummari Balraju. S/o^{Late Kummari Pochaiah,Ag-edabout 54 Years, Occ '} - AgriJrrtrr" and Business, R/o H No 1-2-15811./2, Suraram Colgny,."3' . . . ffZnrn,,in Nagar, Quthbuilapur^{50'l 505, IDA Jeedimetla, Medchal-Malkajgiri} District.

¶18

..,.,RESPONDENTS

¶19

Petition under Article 226^{of the constitutionof lndiaprayingthat in the} circumstances stated in the^{affidavit filed therewith, the High court may be} pleased to issue a writ or direction,^{more particularlya writ of mandamus} declaring the impugned^{notice dated. 27 to\l2o24issued by the 5th respondentto} the petitioner as arbitrary,^{illegaland violativeof principlesof natural justiceand} consequently direct^{the respondents not to takeany further stepsbasing on the}

¶20

notice dated - 27 10812024 tiil disposar of o.s.No.246 of 2022 pe,ding on the fireof the Honourable Additional Junior Civil Judge, Gajwel.

¶21

l.A.NO:1 OF 2024

¶22

Petition Under sectron 151 cpc praying that in the circunrstances stated in the affidavit filed in support of the petition, the High court n-ray be preased to suspend the impugned notice dated 27 rogr2o24 issued by the 5th respondent to the petitioner pending the disposal of the writ petition.

¶23

Counsel for the Petitioner : SRI T.P.ACHARYA

¶24

counsel for the Respondent Nos.1 to 4 : Gp FoR PANCHAYAT RAJ AND RURAL DEVELOPMENT

¶25

Counsel for the Respondent No.S : SRI R.CHANDRA SEI(HAR ttEDDY

¶26

Counsel for the Respondent No.6 : SRI SHAIK JEELANI

¶27

The Court made the following ORDER

¶28

THE HONOURABLE SMT. JUSTICE T. MADIIAYIDE\II

¶29

WRIT PETITION NO.24 012 0F 2024

¶30

ORDER

¶31

In this Writ Petition, the petitioner is challenging the notice dt.27.08.2024 issued by the 5th respondent for removal of the unauthorised construction made by the petitioner.

¶32

Learned counsel for the petitioner, while reiterating the submissions made in the Writ Petition, submitted that the petitioner,s father was owner of Ac.0.06 guntas of land in Survey No.404lAA situated at Thuniki Bollarum Village, Mulugu Mandal, Siddipet District and after some time, he has given the said property to the petitioner and his brothers and the petitioner got Ac.0.02 guntas of land. It is submitted that the petitioner's brothers have already constructed their houses in the years 2008 and 2011 and the petitioner stated construition in the year 2022. According to the petitioner, he also completed construction in the year 2022 and according to the respondents, the petitioner has started construction in the year 2022 and in order to prevent the construction, , }1',e O* respondent has filed O.S.No.246 of 2022 on the file of the

¶33

2

¶34

Vr' P. No.24012 of2024

¶35

Additional .Iunior civil Judge, Gajwel seeking perma.rrent inj unction against the petitioner and his father and thereafter, as Lhe construction was being nrade. he filed another suit in O.S.No .462 ct 2022 seeking demolition of the illegal construction. It is submitk:,1 that the 5rh respondent has issued a notice on 10.05.2023 not to make any construction during the pendency of the civil suit and .,r,ithout waiting for disposal of the civil suit, the 5th respondent has again issued the impugned notice d1.27.08 .2024 for demolition of the consrruction.

¶36

The 5'h respondent has filed a counter affidavit stating that the petitioner has made construction withcut making any eLpplication lbr building construction. The leamed Standing Counst: for the 5ft respondent has further submitted that prior to issuance of the notice dt-10.05.2023, two other notices had also been issued t<> the petitioner by the 5'h respondent, but the petitioner has not responcied to the same.

¶37

4, Leamed counsel for the 6th respondent, on ora instructions, submitted that the 6th respondent is the owner of the subject property and the writ petitioner has not produced any documents to slLow that he is the owner of rhe properry

¶38

Vr'.P. No.24012 of2024

¶39

3

¶40

I I

¶41

Having regard to the rival contentions and the material on record, this Court finds that admittedly, the petitioner has raised construction without making any application for building construction and has also completed the construction. The 5th respondent issued notice in the year 2023 to stop construction pending disposal of the civil suit and has again issued the impugned notice for demolition. Having regard to the fact that there are other constructions in the same area by the brothers of the petitioner and the petitioner claims to be the owner of the subject property, this Court deems it flt and proper to direct the 5th respondent to issue a fresh notice requiring the petitioner to produce relevant documents to prove his title over the subject property and if the 5h respondent is satisfied with the documents furnished by the petitioner, then the 5th respondent may thereafter consider regularisation of the building if the petitioner makes an application to this effect and if the law permits. Otherwise, if the petitioner is not able to hle any documents to prove his title before the authorities, the 5th respondent is free to proceed with in accordance with law. The entire exercise of issuance of notice and taking action shall be completed within a period of two (2) months ftom the date of receipt of a copy of this order.

¶42

4

¶43

1'. P. No.24012 of2024

¶44

6 With the above directions, the \ /rit petition is C,isposed of. No

¶45

order as to costs

¶46

7 Pending miscellaneous petitions, if any, in this Writ petition shall

¶47

stand closed.