THE HON’BLE SRI JUSTI CE K.SARATH WRI T PETI TI ON No.21633 of 2016

ORDER:

This writ petition is filed seeking the following prayer:

“to issue Writ Order or Direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in not considering the petitioner’s representations dated 06.06.2016 and 21.06.2016 for taking action against 9th respondent for making illegal constructions on the open land in front of the petitioner’s property bearing Sy No.2/4/E2 situated at Hydershakote village Ranga Reddy District by encroaching the public road and part of the land of the petitioner without any document is illegal arbitrary void and contrary to the Panchayat Raj Act and consequently direct the respondents to consider the petitioner’s representations dated 06.06.2016 and 21.06.2016 for taking action against 9th respondent for making illegal constructions on the open land in front of the petitioner’s property bearing Sy No.2/4/E2 situated at Hydershakote village Ranga Reddy District by encroaching the public road and part of the land of the petitioner without any document and further direct the respondents to demolish the illegal constructions made by the 9th respondent without any right over the said property and to pass orders”.

2. Heard learned counsel for the petitioner, learned Assistant Government Pleader for PR & RD appearing for respondent Nos.1 to 5 and learned Standing Counsel for Gram Panchayat appearing for respondent No.6.

3. Learned counsel for the petitioner submitted that petitioner is the owner and peaceful possessor of House property bearing No.8-21 constructed on Plot No.23 in Sy.No.2/4/E2 admeasuring to an extent about 390.55 sq. yards situated at Hydershakote Village, Ranga Reddy District. At the time of construction, the petitioner left open land infront of his property, as Hi-tension wires passing through the said land, some part of the land was acquired in the road widening. Subsequently, the respondent No.9 started illegal construction in front of the house of the petitioner. Aggrieved by the same, the petitioner approached official respondent by filing representations on 06.06.2016 and 21.06.2016 for taking action against the respondent No.9. In view of the in action of the official respondents, the petitioner constrained to file instant writ petition for taking appropriate action for illegal construction of the respondent No.9.

4. Learned Standing Counsel for Gram Panchayat appearing for the respondent No.6 basing on the counter submits that after receiving the representation of the petitioner dated 21.06.2016, the respondent No.6 issued a notice to the respondent No.9 and asked her to submit relevant documents for house construction. Inspite of the same, the respondent No.9 did not furnished the documents. Thereafter, the respondent No.6 issued notice to the respondent No.9 on 06.07.2016 and 16.07.2016 respectively to stop illegal construction. In response to the notice dated 16.07.2016, the respondent No.9 stated that she purchased open Plot in Sy.No.3 admeasuring 76 sq.yards through a registered sale deed bearing document No.9091/2015, dated 09.11.2015, from the original owners and she approached the Gram Panchayat along with documents for obtaining permission and the Gram Panchayat after verifying the document informed that as per G.O.Ms.623 dated 01.12.2006, no construction permission is required since her land was admeasuring 76 sq. yards only. In fact, there is no such exemption in the Telangana Panchayat Raj Act, 1994 and also as per Rule 16 of Layout and Building Rules, 2002 enumerated in G.O.Ms.No.67, dated 26.02.2002, no site shall be used for building activity unless it is approved as a building plot or forms part of an approved layout. The respondent No.9 made RCC roofed construction without obtaining any permission which is against the Rules and the Provisions of the Telangana Panchayat Raj Act, 1994. In view of the same, the respondent No.6 again issued notice