THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION NO.31830 OF 2024

O R D E R

In this Writ Petition, the petitioner is seeking a Writ of Mandamus declaring the action of respondent No.10 in making illegal construction, i.e., office in the 10% of the approved venture layout in T.L.P.No.166/2014/HRO/H1 dt.07.11.2014 in Survey Nos.72 and 73 in an extent of Ac.4.67 cents situated at Kadthal Gram Panchayat, Kadthal Mandal, Ranga Reddy District, as illegal and arbitrary and consequently to direct the respondents to enquire into the matter and relocate the same to the public purpose and to pass such other order or orders.

2. Brief facts leading to the filing of the present Writ Petition are that the petitioner claims that her mother has purchased Plot No.26part in Survey Nos.72 and 73 admeasuring 146.66 square yards situated at Kadthal Gram Panchayat, Kadthal Mandal, Ranga Reddy District from her vendor, i.e., Mohammed Ismail through registered Document No.4584/2022 dt.26.02.2022 on the file of the Sub-Registrar’s Office, Maheswaram, Ranga Reddy District and that they are in peaceful possession and enjoyment of the same ever since. It is submitted that in the north side of the layout 10% of the vacant land was left over as per the DTCP Rules and a gift deed was also executed in favour of the Gram Panchayat for this purpose. It is submitted that without any authority to change the nature of the land, respondent No.3 has issued proceedings in favour of respondent No.10 for construction of office in the 10% of the vacant land as office of Tahsildar-cum-Joint Sub-Registrar-cum- Executive Magistrate, Kadthal. Challenging the said action, the present Writ Petition has been filed.

3. Learned counsel for the petitioner submitted that as per the DTCP Rules, 10% of the total extent of the layout has to be left out for open space as well as pakt area in addition to the area which is covered by roads and such areas have to be gifted to the concerned Gram Panchayat. It is submitted that the vendor of the petitioner who has converted this land into a layout and obtained the layout permission in T.L.P.No.166/2014/HRO/H1, has executed a gift deed in favour of the Gram Panchayat and instead of developing park in the said area of the layout for the use of the residents of the layout and others, the respondents have constructed a building therein for the office of the Tahsildar-cum-Joint Sub-Registrar-cum-Executive Magistrate, Kadthal which is illegal and arbitrary.

4. The learned counsel for the petitioner reiterated the above submissions and relied upon the judgment of the Hon’ble Supreme Court in the case of Anjuman E. Shiatge Ali and another Vs. Gulmohar Area Societies Welfare Group and others, [(2020) 20 SCC 698] in support of his contention that the open spaces in the layout are required to be left out for the purpose of creating lung space for owners of other plots where constructions are permitted and that in the approved layout, where open spaces are left, they are continued in that manner alone and no construction can be permitted in such open spaces. He also placed reliance upon the decision of a Single Judge of this Court in the case of Durgam Narsimha and others Vs. State of Telangana rep. by its Secretary (Panchayat Raj Department), Secretariat, Hyderabad and others, [W.P.No.20551 of 2017 dt.03.10.2024], wherein the respondents are directed not to make any constructions in the open space area earmarked for park. He also referred to G.O.Ms.No.67, Panchayat Raj and Rural Development (Pts- IV) Department, dt.26.02.2002 which is a Notification for A.P. Gram Panchayat Land Development (Layout and Building) Rules, 2002 which have subsequently been adapted by the Government of Telangana as well. He has drawn the attention of this Court to the definition of the term “open space” which means an area forming an integral part of the plot, left open to sky and Rule 3 of the said Rules prescribes the documents to be submitted along with the applic