Kanakam Shankar, Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

Kanakam Shankar, Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Direction to respondent No.7 (Tahsildar, Sulthanabad Mandal) to identify the land allotted to respondent No.9 and permit respondent No.9 to shift the container to that place if he so chooses, the entire exercise to be completed within fifteen (15) days from receipt of a copy of the order; writ petition disposed of without costs; pending miscellaneous applications stood closed.

Issue for consideration

Whether the inaction of respondent Nos.2 to 8 in not considering the petitioner's representation dated 15.09.2025 seeking removal of the container dumped before the Ambedkar Community Hall in the Gram Panchayat premises in Sy.No.111 (Ac.1.00 guntas), Bhupatipur Village, Sulthanabad Mandal, Peddapalli District, and their failure to implement respondent No.4's order dated 17.06.2025, is illegal and arbitrary, violating Articles 14, 19(1)(g) and 21 of the Constitution. +1 more

Court's answer

Having regard to the contention that the container of respondent No.9 is blocking the way of the Ambedkar Community Hall and causing inconvenience to the petitioner and other villagers, the Court deemed it fit and proper to direct respondent No.7 (Tahsildar, Sulthanabad Mandal) to identify the land allotted to respondent No.9 and permit respondent No.9 to shift the container to that place, if he so chooses.

Ratio / Principle

On the survey and enquiry recorded in the proceedings dated 17.06.2025 of respondent No.4 (District Panchayat Officer), respondent No.9 was found not to be in occupation of the land allotted to him but to be occupying another land, and a direction had been given to get the container removed immediately.

Key takeaways

The Court observed that its own order dated 19.06.2025 in W.P.No.16883 of 2025 was passed after respondent No.4's proceedings dated 17.06.2025, but the same was not brought to the notice of this Court at the relevant time.obiter¶54
The entire exercise (identification of the allotted land and shifting of the container) shall be completed within fifteen (15) days from the date of receipt of a copy of the Court's order.ratio¶62
With the above directions, the writ petition is disposed of.ratio

Detailed headnote1 paragraphs

High Court for the State of Telangana at Hyderabad (T. Madhavi Devi, J.), W.P. No. 30099 of 2025, decided 08.10.2025: disposed of, without costs, a writ petition by Kanakam Shankar seeking a mandamus-type direction to respondent Nos.2 to 8 to act on his representation dated 15.09.2025 for removal of a container dumped by respondent No.9 before the Ambedkar Community Hall on government land Sy.No.111 (Ac.1.00 guntas), Bhupatipur Village, Sulthanabad Mandal, Peddapalli District, and to secure implementation of respondent No.4's (District Panchayat Officer) proceedings dated 17.06.2025 (Lr.No.A4/1292/2025-P.A.). Standing counsel for the Gram Panchayat submitted that respondent No.9, though assigned Ac.0.01 gunta in Sy.No.111, had erected the container at another place, and that after enquiry and notice, respondent No.9 had obtained an order dated 19.06.2025 in W.P.No.16883 of 2025 requiring the respondents to first cancel the patta issued to him before taking any action, due to which no further action had been taken; counsel for respondent No.9 submitted he occupied the allotted land and that even an encroacher must be evicted only in accordance with law. The Court noted that the 17.06.2025 proceedings, after survey and enquiry, had found respondent No.9 not in occupation of the land allotted to him but occupying another land, and that its own order of 19.06.2025 post-dated those proceedings but had not been brought to its notice. In view of the container blocking access to the Ambedkar Community Hall and inconveniencing villagers, the Court directed respondent No.7 (Tahsildar) to identify the land allotted to respondent No.9 and permit respondent No.9 to shift the container to that place if he so chose, the entire exercise to be completed within fifteen (15) days from receipt of the order; the writ was disposed of on these directions, pending miscellaneous applications (including I.A. No.1 of 2025 under S.151 CPC) standing closed.

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD AT HYDERABAO

(Special Original Jurisdiction)

WEDNESDAY,THE EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI

WRIT PETITION NO: 30099 OF 2025

Between:

Kanakam Shankar, S/o Mallaiah, Aged about 45 years, Occ. Agriculture, R/o 2-3711 , SC Colony, Bhupathipur, Sultanabad, Peddapalli District.

...PETITIONER

AND

The State of Telangana, Rep. by its Principal Secretary. Panchayat Raj and Rural Development Department Secretariat Building, Secretariat, Hyderabad.

The Commissioner, Panchayat Raj and Rural Department, State of Telangana, Hyderabad.

The District Collector (PW), Peddapalli, Peddapalli District.

The District Panchayat Officer, Peddapalli District, Telangana State.

The Divisional Panchayat Officer, Peddapalli, Peddapalli District.

The Mandal Parishad Development Officer, Sulthanabad Mandal, Peddapalli District.

The Tahsildar, Sulthanabad Mandal, Peddapalli District.

B. The Gram Panchayat, Bhupatipur Gram Panchayat. Bhupatipur^Village, Sulthanapur Mandal, Peddapalli District, Rep. by tis Secretary.

Kannampalli Tairapathi, S/o Late Rajaiah, Aged 48^years, Occ- Software Employee, R/o H.No.353, Bhupatipur Village, Sultanabad t\Iandal, Peddapalli District.

...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 be pleased toto issue a Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the inactton of the respondent Nos.2 to B in not considering the petitioner representation dated 15.09.2025 seeking removal of the

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illegal container dumped before the Ambekar Commun t, Hall in the Gram Panchayat premises in Sy No.1'1 1 to an extent of Ac^- 00 gts situated at Bhupatipur Village, sulthanabad Mandal, peddapallr Distri rr ancl tlth respondent not implementing the Order vide Lr.No.A4l1292 of 2025_pa I, dated 17.06.2025 passed by the 4th respondent, s highly illegal, arbitrary, cons I tutronal, violation of the principles of natural justice, and also in violation of Arti;l :s 14. 19 (1) (g) and 21 of the constitution of India and consequently direct thC --.presentation dated 15.09.2025 and also direct the respondent No g to Irn rlernent order vide Lr.No A4l1292 of 2025-Pam, dated 17.06 2025 passed by t re 4th respondent to remove the illegal structure from the government land in Sy No.1 1^.1 to an extent of Ac.1.00 gts situated at Bhupatipur vilrage, sulthanabac Manciar, peddapalli District

lA NO: 1 OF 2025

Petition under section^'l 51 cpc prayrng that in the c r )..rmstances stated in the affidavit filed in support of the petition, the High Col r m::y be pleased to direct the respondent No.2 to 8 to take rmmedrate aclir n on the petitioner representation dated 15.09.2025 and also direct the r--spondent No.B to lmplement order vide Lr.No.A4t1292 of 2025-pam, dated 1 ' 06 2oz5 passed by the 4th respondent to remove the i egar structure from the government land in sy.No.111 to an extent of Ac.'l .00 gts situated at Bhupatipur r/i age, Sulthanabad Mandal, Peddapalli District pending disposal of the writ petitic n

Counsel for the Petitioner : SRI KALVALA SANJEEV

Counsel for the Respondent Nos. 1,2,4 & i: Gp FOR pAN(:ilAyAT RAJ RURAL DEVP

Counsel for the Respondent Nos. 3 & 7 : Gp FOR REVENL|I

Counsel for the Respondent Nos.6 & B: SRI K. pRAEEp REDDy, SC FOR GRAM PANCHFYAT

Counsel for the Respondent No. 9:---

The Court made the following: ORDER

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THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI

WRIT PUTITION No.30099 of 2025

ORDER:

The Writ Petitiorr is filed seeking a direction to respondents No.2 to 8 to remove the illegal container dunrped bctbre the Ambedkar Comrnunity Hall in the Gram Panchayat premises in Sy.No.l l I to an extent of Ac.l .00 guntas situated at Bhupatipur Vitlage, Sulthanabad Mandal, Peddapalli District

2 Leamecl counsel fbr the petitioner submitted that respondent No.9 has dumped thc containcr in Sy.No.l I1, covering an extent of Ac.0.0l guntas and is running a hotel in the said land on the ground that the land has been assigned to hint. It^is submitted that lespondent No.9 is no {'ay concemed with the said land. Learned counsel fbr the petitior.rer further submitted that on the representation/complaint given by the petitioner and other villagers, an enquiry was conducted by the Divisional Panchayat Officer and it was found that rcspondent No.9 is in illegal occupation of the land and consequently, a direction was also given to the respondents No.5 and 8 and the lVlandal Panchayat Officer,

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Sultanabad, to remo/e the container frour the^plt ntises The

grier ance ol- thc petitioner is that no actioll has bec lake n by thc authoritics thcrcon t ill date.

3 Sri K. I'radeep Reddy, learned Standing^('o,rrsel lirt Grattt Panclrayat, ap1;earing for respondents No.6 rt 8, on olal instlr-lctions, subrnittcd that respondcnt No.9 hacl lten assigned Ac.0.0l gunta ol land in Sy.No. I I I bLrt hc is not ir^rccuprtion of that parliculrrr land which has been assigncd to hirr, hrrt he has erected the containel in anothel place. lt is lirrther :^r rbrnitte d that. after enquirv, a notice was given to respondent^'r.,.9. rvlro has approached this Courr in W.P.No.l6it83 of 2015 anr his^('ourl had directed that thc' respondents shall first cancel thc pltta issued in tavour of the petitioner therein and thcreaftel actiorr ;hall Lrc taken in accordanc c tvith law. lt is submitted that due to tlre said ordcr, thc respondent authorities have not been able to 1a.e an/ action agai nst rcspondent No.9.

4 Learned counsel appearing for respondent^'rl .r.9 has filed a copy of theorclerdated 19.06.2025 in W.P.No. 1688r of 2025 ard submitted that respondent No.9 is in occupation of th -' land allotted

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to him and he had constructed an old house, which was washed

away in the rains and thcreaftcr, he^placed the container in the said premises. It is submitted that e-ven if respondent No.9 is to be considered as an illegal cncroachcr, hc lras to be cvicted only in accordance with law, as held by this Court in W.P.No. 16883 of 2025.

Having regard to the rival contentions and the tnaterial^on record. this Court finds that rcspondent No.4, r'rzle proceedings dated I 7 .06.2025, observed that a survey and enquitl'^were conducted and it was fbund that respondent No.9 is notⁱⁿ occupation olthe land allotted to him but is occupying^{another land} and therefore, a direction was given to get the container rctnoved immediately. The order of this Court dated 19.06.2025^waspassed after the proceedings dated 17.06.2025, but the same^{was not} brought to the notice of this Court. In view of thc^{contentions of} the leamed counsel for the^petitioner that the^containerof respondent No.9 is blocking the^way of the Ambedkar^Community Hatl and is causing inconvenience to the^{petitioner and other} villagers, this Court deerns it fit and^proper to^{direct respondent}

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No.7 to identill' the land allotted to respondent Nt'. ) and permit

respondent lrlo.9 to shili the container to thc said ) irce, i- he so

chooses. Thc' entirc crercisc shall be cornpleted u it r rr a pcriod of

trlte r'n ( l-5) days horn thc date of receipt of a copy ol^t l'is oltlcr

With tl.re abovc directions, this Writ Petir ir r is d isposed

of. fhere shrrll be no ordcr as to costs

7 Misccllancous applications, if any, pcnclir,r in this Writ

Pr'titiorr, shall^.tend closed.

SD/.A,V.S. PRASAD

I)IiPUTV REGISTRAR n

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CTION OFFICER

To, 1 The Principal Secretary. Panchayat Raj and Rural De'rr, oprnent Department

Secretariat Building, Secretariat, The State of Telangana Hyderabad.

1. The Commissioner, Panchayat Raj and Rural [)( ]padment, State of Telangana, Hyderabad.

The Tahsildai, Sulthanabad tVandal, Peddapalli District

The District Collector (PW), Peddapalli, Peddapalli Distrir t

5 The District Panchayat Officer, Peddapalli District, Tela r( lana State.

6 The Divisional Panchayat Officer, Peddapalli, Peddapalli District.

The Mandal Parishad Development Officer, Sulthanaba J Mandal, Peddapalli Drstrict.

8 The Gram Panchayat, Bhupatipur Gram Panchayat BhLrpatipur Vrllage, Sulthanapur lvlandal, Peddapalli District, Rep. by tis Se,;r etary

9 One CC to SRI KALVALA SANJEEV Advocate [OPU[:]

10.One CC to SRI K. PRADEEP REDDYAdvocate [OPU()

1'1 .Two CCs to GP FOR PANCHAYAT RAJ RURAL D:/,Hrgh Court for the State of Telangana. [OUT]

Two CCs to GP FOR REVENUE, High Court for tt-e State of Telangana. tourl

Two CD Copies

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HIGH COURT

DATED:0811012025

ORDER

WP.No.30099 of 2025

DISPOSING OF THE WRIT PETITION

WITHOUT COSTS

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