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2025 Supreme(Telangana) 1989

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Aparesh Kumar Singh, C.J., G.M.Mohiuddin, J.
K.Venkatalaxmi and another - Petitioners
Versus
The State of Telangana, Panchayat Raj Department, rep. by its Principal Secretary and others - Respondents
Writ Petition (PIL) No.17 of 2023; Writ Petition Nos.34686 of 2022, 43169 of 2022 and 4900 of 2023
Decided On : 18-12-2025

Advocates Appeared:
For the Petitioner: Sri K.Ravi Mahender, learned
For the Respondent: Sri Mohd. Omerullah Shareef, learned counsel representing Sri Asadulla Shareef, Sri Ms.Shazia Parveen, learned Government Pleader, Sri Mr.K.Pradeep Reddy, learned Standing Counsel, Sri Mr.K.Muralidhar Reddy, learned Government Pleader

Unauthorized construction permissions obtained through fraudulent documentation are null and void, reinforcing the principle that land designated for educational purposes cannot be unlawfully converted for private use.

Headnote:(A) Telangana Panchayat Raj Act, 2018 - Section 114 - Writ Petition (Public Interest Litigation) challenging unauthorized construction - Building permissions purportedly obtained via fraudulent means are void ab initio - Gram Panchayat's powers to revoke permissions upheld. (Para 49, 70)

(B) Validity of conveyance - Essential particulars for property transfer must be clearly identifiable - Sale deeds lacking specific survey numbers and boundaries held void for uncertainty. (Paras 52, 56)

(C) Evidence of land title - Consistent revenue records affirm land as Government/Educational institution - Claim of private ownership rejected due to absence of lawful title. (Paras 58, 60)

(D) Public Trust Doctrine - Encroachment on donated public assets is impermissible and undermines educational purposes. (Para 69)

Facts of the case:
The petitioners allege unauthorized constructions by the seventh respondent on lands designated as School/ Government land, claiming the respondent forged permissions to undertake construction.

Findings of Court:
The court ruled that the respondent's claimed permissions were not valid as they were obtained through fraud and the subject land must remain designated for educational purposes.

Issues: The court needed to determine the legitimacy of the seventh respondent's claimed building permissions and ownership of the disputed land.

Ratio Decidendi: The respondent failed to establish any lawful claim over the land, and the permissions obtained did not comply with statutory requirements.

Result: Writ Petition (PIL) is allowed, requiring the demolition of unauthorized structures and recovery of costs for the same.

Table of Content
1. unauthorized construction without proper permission (Para 2 , 9 , 10)
2. allegations of land ownership fraud and illegal construction (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22)
3. lack of lawful building permissions and non-compliance (Para 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35)
4. (Para 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53 , 54 , 55 , 56 , 57 , 58 , 59 , 60 , 61 , 62 , 63 , 64 , 65 , 66 , 67 , 68 , 69)
5. conclusion on unauthorized constructions and orders for demolition (Para 70 , 71 , 72 , 73)

ORDER :

Since the issues that arise in the above Public Interest Litigation and Writ Petitions are integrally one and the same, these matters are being disposed of by this common order.

2. The Writ Petition (Public Interest Litigation) has been instituted challenging the alleged inaction on the part of the respondents in failing to prevent the unauthorized constructions being raised contrary to the house permissions dated 29.06.2022 by respondent No.7 without obtaining the Gram Panchayat’s permission and by relying upon fake house permissions dated 29.06.2022 bearing H.No.1-3/A and 1-3/A1 to 5, by trespassing into Government land/School playground situated in Sy.Nos.638/A/1, 638/A/2 and 638/AA, admeasuring Ac.2.11 gts, at Muthyampet Village, Domakonda Mandal, Kamareddy District, which is stated to have been donated by late K. Venkataram Reddy and M. Anjaiah much earlier.

3. For the sake of convenience, the petitioners i.e., Smt. K.Venkatalaxmi and Sri Kurra Anjaiah in W.P.(PIL) No.17 of 2023 are referred to as ‘petitioners’.

4. Respondent No.7 in W.P.(PIL) No.17 of 2023 and the petitioner in W.P.No.43169 of 2022 and W.P.No.4900 of 2023 being one and the same, is referred to as ‘respondent No.7’ for the sake of convenience of the case.

5. Heard Sri K.Ravi Mahender, learned counsel for the petitioners in W.P.(PIL) No.17 of 2023; Sri Mohd. Omerullah Shareef, learned counsel representing Sri Asadulla Shareef, learned counsel for respondent No.7 in W.P.(PIL).No.17 of 2023 i.e., the petitioners in W.P.Nos.43169 of 2022 and 4900 of 2023; Smt. Shazia Parveen, learned Government Pleader appearing for Panchayat Raj Department; Sri K.Pradeep Reddy, learned Standing Counsel appearing for Gram Panchayat in W.P.Nos.43169 of 2022 and 4900 of 2023 and W.P.(PIL).No.17 of 2023 and Sri Muralidhar Reddy Katram, learned Government Pleader appearing for Revenue Department in W.P.Nos.4900 of 2023 and W.P.(PIL).No.17 of 2023 and perused the record.

Chronology of litigations

6. W.P.No.43169 of 2022 is filed by respondent No.7 in W.P.(PIL) No.17 of 2023 questioning the action of the 4th respondent–Gram Panchayat, Muthyampet, in revoking the house construction permissions vide resolution dated 04.11.2022 earlier granted to her in Sy.No.638 of Muthyampet Village.

7. W.P.No.34686 of 2022 is filed by one M Sirish Goud i.e., Upa- Sarpanch of Muthyampeta Gram Panchayat, questioning the action of the 4th respondent in issuing a notice vide letter B2/1110/2022 dated 25.08.2022 in Form-IV scheduling a meeting on 13.09.2022 for moving a No-Confidence Motion.

8. W.P.No.4900 of 2023 is filed by respondent No.7 in W.P.(PIL) No.17 of 2023 questioning the action of the official respondents, particularly respondent Nos. 6 and 10, in allegedly interfering in civil dispute by issuing resolutions dated 24.01.2023 and 27.01.2023, and notice dated 10.02.2023, directing the respondent No.7 to stop the construction.

9. W.P.(PIL) No.17 of 2023 is filed by villagers and stakeholders of the Government/Zilla Parishad High School (ZPHS), Muthyampet i.e., one Smt. K. Venkatalaxmi and Sri Kurra Anjaiah (petitioners) questioning the inaction of the official respondents (respondent Nos.1 to 6) in preventing and stopping the alleged unauthorized construction by the 7th respondent i.e. petitioner in W.P.No.43169 of 2022 and W.P.No.4900 of 2023, by trespassing into and encroaching upon Governm

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