THE HON’BLE SRI JUSTICE K.SARATH WRIT PETITION No.13538 OF 2024

ORDER:

This writ petition is filed under Article 226 of Constitution of India seeking the following relief:

“...to issue an order or direction more particularly one in the nature of Writ of Mandamus or any other appropriate writ declaring the action of the respondent No.2 in passing the orders in the shape of a notice dated 21.05.2024, reverting the building permission application dated 29.04.2024, when already the petitioner submitted application on 04.10.2023 and under deemed provision had completed the construction of farm room in her agricultural land in Sy.No.962, situated at Arnakonda Village, Choppadandi Mandal, Karimnagar District, without considering the explanation submitted by the petitioner dated 20.03.2024 and 20.05.2024, is nothing but arbitrary, illegal, null and void and violative of principles of natural justice and also violative of Articles 14, 19 and 21 of the Constitution of India and contrary to the provisions of the Telangana Panchayath Raj Act. Consequently set aside the same thereby direct the respondent No.2 to grant permission and to pass...”

2. Heard Learned Counsel appearing for the petitioner, learned Assistant Government Pleader for Panchayat Raj and Rural Development and learned Standing Counsel appearing for the respondents and perused the entire material on record. With the consent of both sides, this writ petition is disposed of at the stage of admission itself.

3. Learned Counsel appearing for the petitioner submits that the petitioner is having agricultural land admeasuring to an extent of Ac.1-20 guntas in Sy.No.962, situated at Arnakonda Village, Choppadandi Mandal, Karimnagar District. The said land was assigned to the petitioner by the Revenue Authorities on 17.08.2005. The petitioner acquired the said land since assigned to her and has now planted the palm oil plants. To safeguard the said palm oil plants, the petitioner intended to construct a farm building and as per Rule 16 of Telangana Gram Panchayat Land Development (Layout and Building Rules,) 2002, issued in G.O.Ms.No.67, Panchayat Raj and Rural Development (Pts-IV) Department, dated 26.02.2002, no permission is required for the construction of farm building in the agricultural fields. In spite of that, the petitioner made application for construction of farm building on 04.10.2023 for granting building permission. In spite of lapse of 15 days, the respondent No.2 has not passed any orders on the application made by the petitioner and the petitioner continued the construction as deemed permission as per Section 114 of Telangana Panchayat Raj Act, 2018. Initially, the respondents issued notice dated 19.03.2024 stating that the petitioner is constructing the farm building without permission and asked not to proceed with the construction. Immediately, the petitioner submitted her explanation on 20.03.2024. Again, the respondent No.2 has issued notices dated 21.03.2024 and 18.04.2024. On the same, the petitioner has once again submitted her explanation on 20.05.2024. Without considering the application filed by the petitioner for building permission and explanation submitted by her, the respondents issued impugned notice on 21.05.2024. Without assigning any reason, the respondents have reverted the application filed by the petitioner dated 29.04.2024 and directed the petitioner to remove the farm building.

4. The learned counsel appearing for the petitioner further submits that no permission is required as per Rule 16 of Telangana Gram Panchayat Land Development (Layout and Building Rules,) 2002 and in spite of that, the petitioner made application for construction of farm building. Without passing any orders, the respondents have kept quite till the completion of the structures and issued impugned orders and reverted the application of the petitioner and asked the petitioner to remove the farm building and the said action of the respondents in issuing impugned notice direc