ORDER:

1. This Writ Petition is filed under Article 226 of Constitution of India, seeking the following relief: “…. to issue a Writ of certiorari calling for the records pertaining to letter No.02/GPR/2018 dated 15.09.2018 issued by the respondent No.3 in relying on the Memo No.2214/2018-B (Pan), dt.12.09.2018 passed by the respondent No.2 and quash the same holding the same as illegal, arbitrary of law, violation of principles of natural justice and unconstitutional and consequently to direct the respondent Nos.2 and 3 not to demolish the house bearing No.1-15 of Ramajipeta Village, Yadagirigutta Mandal, Yadadri-Bhuvanagiri District …..”

2. Heard the learned Counsel for the petitioner and the learned Assistant Government Pleader for Panchayat Raj and Rural Development appearing for the respondents.

3. The learned Counsel for the petitioner would submit that the petitioner is the owner and possessor of 210 Sq.Yards of tiled house bearing No.1-15, situated at Ramajipeta village of Yadagirigutta Mandal having succeeded from his ancestors and the said extent was also recorded in the revised records of Gram Panchayat. While it being so, the respondent No.2 issued Memo No.12-09-2018 directing the Panchayat Secretary to remove the structures stating that it is a Grama Kantam Land. Basing on the letter of the respondent No.2, the respondent No.3 issued impugned letter No.02/GPR/2018/2018 dated 15.09.2018 directing the petitioner to remove the structures in 90 Sq.Yards and being aggrieved by the same the present writ petition is filed.

4. The learned Counsel for the petitioner would further submit that before issuance of impugned notice, no notice was issued by the respondent No.3 calling for any explanation from the petitioner stating that the petitioner is the encroacher of Grama Kantam land nor conducted any enquiry, but surprisingly issued impugned letter stating that the petitioner is in possession of 90 Sq.Yards of Grama Kantam land in excess to the Revision Register maintained by the Gram Panchayat. The petitioner and his ancestors are in possession of 200 Sq.Yards of land for the last eight decades and the petitioner never grabbed any Grama Kantam land as alleged by the respondent No.3. If Grama Kantam lands are used as dwelling houses can be considered and to be treated as private property and therefore the impugned letter is not sustainable and requested to set aside the same.

5. While admitting the Writ Petition this Court passed interim orders on 24.09.2018 in I.A.No.1 of 2018 in W.P.No.33983 of 2018 directing the respondents not to demolish the petitioner’s house and stayed the operation of impugned letter dated 15.09.2018. Even after lapse of more than five years, the respondents did not choose to file counter or vacate petition denying the averments of the writ affidavit of the petitioner. Further, admittedly, no notice was issued to the petitioner by the respondent No.3 before issuing impugned letter dated 15.09.2018, therefore the impugned letter issued by the respondent No.3 is liable to be set aside.

6. In view of the same, this writ petition is disposed of setting aside the impugned letter No.02/GPR/2018 dated 15.09.2018 issued by the respondent No.3. The respondents wants to conduct any enquiry, if so advised, follow due procedure as per the Telangana Panchayat Raj Act, 2018.

7. Accordingly, this Writ Petition is disposed of. No order as to costs.

8. Miscellaneous applications, if any, pending in this Writ Petition shall also stand closed.

_____________________ JUSTICE K.SARATH Date:08.08.2024 trr