THE HONOURABLE SRI JUSTICE K.SARATH

ORDER:

This petition is filed to declare the action of the official respondent Nos.1 to 5 in not taking action against the unofficial respondent Nos.6 to 13 for making illegal construction without obtaining permission as per the Telangana Gram Panchayat Raj Act, 2018 and Telangana Gram Panchayat Raj Land Development (Layout and Building)

Rules, 2022 as illegal and arbitrary.

2. Heard Learned Counsel for the petitioner and Sri P. Kishore Rao, learned Standing Counsel for the respondent Nos.4 and 5. In spite of service notice, none appears for the respondent Nos.6 to 13.

3. This Court, while issuing notice to the unofficial respondents on 24.01.2022, passed interim order directing the respondent No.5-Panchayat Secretary, Ankapally Village, Maheshwaram Mandal, Ranga Reddy to consider the representation of the petitioner dated 18.12.2021 and if the allegations made by the petitioner are found to be true, the respondent No.5 shall take necessary action strictly in accordance with law duly putting the respondent Nos.6 to 13 on notice and calling for explanation and file a report before this Court by the next date of hearing.

4. Learned Counsel for the petitioner submits that the petitioner is the absolute owner and possessor of agricultural land admeasuring Ac.1.34 gts in Sy.No.108/VU situated at Akanpally Village, Maheshwaram Mandal, Ranga Reddy District and he has obtained ownership certificate dated 11.08.1975, his name was also mutated in the revenue records and pattadar pass books and title deed were issued in his favour. When the third parties have tried to interfere with his possession, the petitioner filed suit in O.S.No.83 of 2020 on the file of the Junior Civil Judge, Maheshwaram, Ranga Reddy District and the same was decreed on 29.10.2021. However, the unofficial respondents are making illegal construction in the subject land of the petitioner without obtaining any permission. Learned counsel submits that though the petitioner made a representation dated 18.12.2021 to the respondent Nos.4 and 5, no action has been taken and he requested to direct the official respondents to initiate action for removal of the illegal construction made by the unofficial respondents.

5. Learned Standing Counsel for the respondent Nos.4 and 5-Gram Panchayat based on the counter averments submits that there are no constructions in the subject property and earlier constructions were in dilapidated condition. The subject land is not the agricultural land and it is the land of house sites. On verification of the subject land, it is found that the respondent No.12 herein has constructed a house in the subject land and as per the records of the Grampanchayat, no construction permission was accorded.

6. Having heard the submissions and perusal of the record, this Court is of the considered view that as per the counter filed by the respondent No.5, the subject land is not agricultural land and as per the records of the Gram Panchayat, no construction permission was granted to the respondent No.12 to construct the house in the subject land.

7. In view of the same, the Writ Petition is disposed of directing the respondent No.5 to take appropriate action against the illegal construction made in the subject land as per the Telangana Gram Panchayat Raj Act, 2018 after issuing notice to both the parties and pass appropriate orders in accordance with law within eight (8) weeks from the date of receipt of a copy of this order. No order as to costs.

8. Miscellaneous applications, if any pending in this petition, shall stand closed.

________________________ JUSTICE K.SARATH Date:13.03.2024 sj