ORDER:

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

“...to issue a writ in the nature of Writ of Mandamus declaring the action of the respondent authorities in particularly respondent Nos.2 to 5 in demolishing the compound wall of the petitioner despite reply given to the respondent No.5 on 24.07.2020, as illegal, arbitrary, principles of natural justice and consequently to direct the respondent Nos.2 to 7 not to interfere over the rights of the petitioner in respect of House site No.1-77, Obulapur Village, Chinnakoduru Mandal, Siddipet District and to pass...”

2. Heard learned counsel appearing for the petitioner, learned Government Pleader for Panchayat Raj and Rural Development and Sri R.Chandra Shekar Reddy, 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 for the petitioner submits that the petitioner is the owner and peaceful possessor of the property bearing House No.1-77 situated at Obulapur Village, Chinnkoduru Mandal, Siddipet District and constructed house as per the rules of the Telangana Panchayat Raj Act, 2018 by leaving set back to all the four sides and also left three feet road which belongs to the petitioner for the purpose of inhabitants to walk. At the instance of the respondent Nos.6 and 7, the official respondents started harassing the petitioner by issuing notices and the petitioner has given his explanation on 24.07.2022. In spite of explanation given by the petitioner, the respondent Nos.2 to 5 demolished the compound wall constructed by the petitioner. Thereafter, the petitioner made application for construction of compound wall vide Application No.29 through online and the same was forwarded to the Gram Panchayat. In spite receiving the same, as on this date, no orders have been passed by the respondent-Gram Panchayat as per Section 114 of the Telangana Panchayat Raj Act, 2018 for building construction permission. In view of the same, the petitioner constructed compound wall as deemed permission. Now, the respondents are trying to demolish the compound wall and in view of the action of the respondents, the petitioner constrained to file the instant writ petition and requested to allow the writ petition.

4. Learned Standing Counsel for the respondents basing on the counter submits that the petitioner started constructing his house and compound wall in the year, 2022 by obtaining house building permission from the Gram Panchayat. The unofficial respondent No.6 herein has complained about the construction and the DPO, Siddipet has ordered the MPO to conduct an enquiry on the illegal construction of the petitioner and the MPO submitted his report to the DPO stating that the compound wall has been constructed without leaving any set back as per the G.O.Ms. No.67, Panchayat Raj and Rural Development (Pts. IV) Department, dated 26.02.2002. On 05.01.2022, as per the orders of the DPO, the respondent No.5 served notices for demolition by stating that the petitioner was constructed the compound wall without obtaining permission from the Gram Panchayat and the said compound wall was demolished by the respondents on 05.03.2022. The petitioner again started construction of house and compound wall. The respondent No.5 served notices on 28.03.2024, 03.04.2024 and 06.04.2024 to stop the illegal and unauthorized construction made by the petitioner. In spite of serving notices, the petitioner completed the construction of compound wall without leaving any set back according to the G.O.Ms.No.67, Panchayat Raj and Rural Development (Pts. IV) Department, dated 26.02.2002. On 03.04.2024, once again the petitioner applied for house building permission without submitting proper documents and the same has been rejected by the respondent No.5. In view of the same, learned Standing Counsel for the respondents