ORDER:

Heard learned counsel for the petitioner, learned Assistant Government Pleader for Panchayat Raj and Rural Development and learned Standing Counsel for Gram Panchayat appearing for the respondents, and perused material on record.

2. Learned counsel for the petitioner submits that the petitioner is the owner and possessor of the house property bearing H.No.5-20/a (old H.No.5-19/a) admeasuring 717 Sq. Yards in Sy.No.97 situated at Dharmannaguda Village and Gram Panchayat, Yacharam Mandal, Ranga Reddy District. The petitioner has made an application for construction of house G+2 in admeasuring 717 Sq. Yards situated at Dharmannaguda Village, Yacharam Mandal, Ranga Reddy District along with necessary documents. After verification of the said application, the respondent Nos.1 and 2 have issued house building permission order vide Proceedings No.4/BP/2021, dated 09.04.2021 and granted permission to construct G+2 floors in the subject land. After payment of the requisite fee, the petitioner has started construction of house G+1 in 300 Sq. Yards and also constructed compound wall and vasthu room in 130 Sq. Yards and remaining land out of total 717 Sq. Yards i.e., 287 Sq. Yards is open land without any construction. After completing the construction of the said house, the petitioner is residing in the same along with family and pay regular taxes to the respondent No.2/Gram Panchayat.

3. Learned counsel for the petitioner further submits that the petitioner has obtained permission for construction of house for 717 Sq. Yards but the respondents have granted permission only for 300 Sq. Yards as such the petitioner has completed the construction of house within 300 Sq. Yards. Now, the respondents, basing on the office record, have issued impugned notice dated 15.09.2023 without conducting any enquiry and directed the petitioner to obtain permission from H.M.D.A. otherwise they will take action against him as per the Telangana Panchayat Raj Act, 2018. The respondents without conducting proper enquiry/without following due procedure as per the Telangana Panchayat Raj Act, 2018 and given a finding that the petitioner has constructed the house in 717 Sq. Yards. The said action of the respondents is arbitrary and illegal and impugned notice is liable to be set aside and requested this Court to allow the writ petition by setting aside the impugned notice.

4. Learned Standing Counsel for Gram Panchayat, basing on the counter-affidavit, submits that basing on the application filed by the petitioner, the then Panchayat Secretary was granted house building permission on 09.04.2021 for G+1 and the petitioner has completed the same. Thereafter, the respondent No.2 had noticed that the permission granted by the then Panchayat Secretary beyond the power. In view of the same, the notice was issued to the petitioner to obtain necessary permission from H.M.D.A. as the land is more than 300 Sq. Yards. After completing the construction, the respondent No.1/Sarpanch of Gram Panchayat has made complaint dated 13.07.2023 stating the petitioner herein has undertaken house construction G+1 contrary to the rules in an extent of

717 Sq. Yards as convention hall.

5. Learned Standing Counsel for the Gram Panchayat further submits that in view of the complaint made by the respondent No.1/Sarpanch, the respondent No.3 has conducted enquiry and issued impugned notice to the petitioner to approach the appropriate authority i.e., H.M.D.A for obtaining permission without approaching competent authority, the petitioner filed present writ petition and the same is liable to be dismissed.

6. After hearing both sides and on perusing the entire material on record, this Court is of the considered view that the petitioner is the owner of the land to an extent of 717 Sq. Yards in Sy.No.97 situated at Dharmannaguda Village and Gram Panchayat, Yacharam Mandal, Ranga Reddy District. The respondent No.2/Gram Panchayat has issued building permission vide Proceedings No.4/BP/2021, da