THE HON’BLE SRI JUSTICE K.SARATH WRIT PETITION No.23360 OF 2016

ORDER:

Heard learned counsel for the petitioners, learned Assistant Government Pleader for Panchayat Raj and Rural Development and learned Standing Counsel for the Gram Panchayat and perused the record.

2. Learned Counsel for the petitioners submits that mother of the petitioners was owner of a plot admeasuring to an extent of 438 Sq.yards adjoining to the community hall, constructed by the respondent No.2 in Brindhavan Colony layout. As such, the Gram Panchayat members and the elders requested mother of the petitioners to exchange the plot owned by her, with Plot Nos.173, 174 of the Layout measuring 430 Sq.yards in order to provide dining hall for which mother of the petitioners has agreed and consented for the proposal. Thereafter, the respondent No.2 has unanimously passed a resolution dated 05.10.2001 to exchange the plot of mother of the petitioners with the two plots and subsequently, executed registered exchange deed dated 12.06.2002 and put the mother of the petitioners in possession of the plots bearing Nos.173 and 174 in the suit schedule property. Subsequently, mother of the petitioners applied for permission to construct a house over the said plots to the respondent No.2 and the same was granted by proceedings GBSBP No.233/2001-02, dated 21.02.2002. At that point of time, an association by name Brindavan Colony residents Association Shamshabad has filed a suit in O.S.No.447 of 2004 and I.A.No.829 of 2004 on the file of the Additional Junior Civil Judge, Ranga Reddy District, against the exchange of plots. Later, obtained ex-parte injunction order against the mother of the petitioners and on contesting the interim injunction order has been vacated and the I.A. has been dismissed by the trial court by order dated 17.10.2005 and the very suit itself has been dismissed for default on 01.11.2011, which has become final.

3. Learned Counsel for the petitioners further submits that One Smt. G. Swapna has filed W.P.No.21759 of 2005 before this Court and the same was dismissed by this Court by order dated 09.09.2010, against the said order filed W.A.No.708 of 2010 and the same has also dismissed by the Division Bench of this Court by an order dated 29.09.2010. In view of lapse of building permission, the mother of the petitioners obtained renewal of building permission vide from the respondent No.2 dated 28.02.2008 and made part of the construction of the building.

4. Learned Counsel for the petitioners further submit that the Brindavan Colony Welfare Association subsequently filed W.P.No.28422 of 2010, without impleading mother of petitioners as party to the writ petition and the said writ petition is disposed of directing the respondent No.2 to dispose of the represetnation. Thereafter, the respondent No.2-Gram Panchayat without intimating about the writ petition to the mother of the petitioners, passed a resolution dated 03.11.2014 to cancel the allotment of the said plots basing on the representation filed by the Brindavan Colony Welfare Association. Subsequently, the respondent No.2 issued consequential notice to stop the construction. The said resolution and notice are impugned in the writ petition and the said orders are contrary to the jointly executed exchange deed as long as on 12.06.2002 and the said action of the respondents is contrary to the orders passed by this Court in W.P.No.21759 of 2005, dated 09.09.2010 and confirmed by the Division Bench of this Court in W.A.No.708 of 2010, dated 29.09.2010 and requested to allow the writ petition by setting aside the impugned resolution dated 03.11.2014 and the notice dated

23.12.2015 issued by the respondent No.2.

5. Learned Standing Counsel for the respondent- Gram Panchayat basing on the counter submits that the respondents have not disputed the jointly executed exchange deed executed by the Gram Panchayat and the mother of the petitioners and allotted the plots in Plot No.173 admeasuring 230 Sq.yards, Plot