Point of Law: Illegal construction - Petitioners aggrieved by alleged constructions being raised by 6th respondent, they have to make representation to concerned gram panchayat seeking suitable action against 6th respondent.

ORDER :

1. This Writ Petition, under Article 226 of the Constitution of India, is directed assailing the inaction on the part of the respondent Nos. 2 to 5 in taking action against the 6th respondent for constructing a house in the land admeasuring Ac. 0-13 guntas in Sy. No. 39 of Gummadidhala village and Mandal, Sangareddy District.

2. The case of the petitioners, in brief, was that their younger paternal uncle by name Abdul Sattar Miya was Muthavali of Ashoorkhana situated at Gummadidhala village. The Government of Andhra Pradesh gifted Ac. 0-13 guntas of land in Sy. No. 39 of the said village in favour of said Sattar Miya. He enjoyed the said land till his death. The said Sattar Miya died issue less. It is the further case of the petitioners that the subject land was given on lease to the 6th respondent herein. The 6th respondent used to give half of the usufructs derived from the said land to Sattar Miya till his death and after his death to the petitioners herein. The second petitioner, after the demise of Sattar Miya in the year 2001, succeeded as Muthavali of Ashoorkhana. The 6th respondent used to give the usufructs to the petitioners till the year 2006. But from 2006 onwards he is not paying any single pie on the land and he was also not cultivating the land. Now, suddenly, the 6th respondent started constructing a house in the subject land. Questioning the same, the petitioners gave complaints dated 03.6.2020 and 30.6.2020 to the respondent authorities. As the respondent authorities are not taking any action against the 6th respondent the petitioners filed the present Writ Petition.

3. Heard Sri. P. Pravin Kumar, learned counsel for the petitioners, the learned Government Pleader for Pancahyat Raj and Rural Development and Sri. G. Narender Reddy, learned standing counsel for the Gram Panchayat.

4. It is pertinent to notice from the proceedings dated 15.7.2020 that Sri. G. Narender Reddy, learned standing counsel for the gram panchayat concerned submitted that the petitioner has not made any complaint to the 5th respondent authority with regard to the alleged illegal construction being made to enable the said authority to look into the same and submitted the representation directly to the District Panchayat Officer-3rd respondent herein.

5. The learned standing counsel argued that the gram panchayat has more responsible works to attend rather than settling civil disputes between the petitioner and the unofficial respondent and in many matters offices of the gram panchayats are being burdened with such complaints to resolve their private issues, without approaching civil Court.

6. Admittedly, this is a private litigation between the petitioner and the unofficial respondent No. 6. It is the case of the petitioner that the unofficial respondent is constructing a house upon the land upon which the petitioner is having right and interest. According to the petitioner the said construction is also unauthorized. The petitioner has not placed on record and has not pointed out under what provision of the statute he filed a complaint/representation before the respondent authorities and their obligation to consider the representations. Since there is no statutory obligation on the part of the respondent authorities to deal with the representation of the petitioner, the legal right of the petitioner for the inaction of the respondents is not infringed. That basing upon the complaint/representation, if the official respondents act against the unofficial respondent No. 6, it amounts to invoking the jurisdiction of the competent civil court having jurisdiction. It is not for the official respondents to decide right, title and interest of the parties. It is the trial court which would appreciate the evidence and decide the matter. Once the issue of right upon the property is decided, the consequential relief of construction of house upon the property of the petitioners can also be decided. Pending suit before the trial Court, the petitioner