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IN THE HIGH COURT FOR THE STATE OF TELANGANA
Sujoy Paul, Renuka Yara
Narsagouni Lakshmi – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. appellant's claims against unauthorized construction. (Para 2 , 3 , 4) |
| 2. right to property linked to constitutional provisions. (Para 5) |
| 3. necessity to avoid multiplicity of litigation. (Para 7 , 8 , 9) |
| 4. court's duty to ensure rule of law. (Para 10 , 11 , 12 , 13) |
| 5. appeal dismissed. (Para 14) |
ORDER :
Sujoy Paul, ACJ
Sri D. Linga Rao, learned counsel for the appellant, Ms. Shazia Parveen, learned Government Pleader for Panchayat Raj for respondent No.5 and Sri K. Pradeep Reddy, learned Standing Counsel for Zilla Parishad for respondent No.6.
2. This appeal takes exception to the order of learned single Judge in W.P.No.34798 of 2024, dated 11.12.2024.
3. The appellant/writ petitioner prayed for following relief in the Writ Petition:
“…to issue Writ or Order or direction more particularly one in the nature of a Writ of MANDAMUS to declare the inaction of the official respondents on the complaints made by the petitioner vide her letters dated 25.01.2024, 07.02.2024 and 18.11.2024 regarding unauthorised construction of structures in the lands of the petitioner in Sy.No.570/17EE in Rajipet Village of Havelighanpur Mandal, Medak District as illegal, arbitrary and unjustifie
The existence of a pending civil suit and a status-quo order preclude the issuance of a Writ of Mandamus for addressing grievances related to unauthorized construction.
The court affirmed that any citizen can file complaints regarding unauthorized constructions, emphasizing strict enforcement of planning laws to prevent illegal activities.
The court has the authority to direct the inspection of property and take action against unauthorized construction.
The court reiterated that grievances regarding encroachment should be addressed in the competent Civil court rather than under Article 226 of the Constitution.
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