IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.21825 of 2024 THE 5^th DAY OF DECEMBER, 2025 Between:

Kamuni Laxmamma and 2 others ...Petitioners AND The State of Telangana, Rep.by its Principal Secretary, Department of Panchayat Raj and Rural Development, Hyderabad and 15 others.

...Respondents

ORDER

In this writ petition, the petitioners are aggrieved by the inaction on the part of respondent Nos.2 to 5 in taking action on the complaint and notice dated 20.05.2024 and 21.05.2024 respectively against the unofficial respondents for unauthorized construction as illegal and arbitrary.

2. This Court vide order dated 05.08.2025 had granted interim order to maintain status quo as on the date of the order in respect of the subject property. Subsequently, unofficial respondents have entered appearance and filed their counter affidavit.

3. Learned counsel for the petitioners submitted that the petitioners are the owners of the subject property and since there was interference from respondent Nos.6 to 9, they have filed a suit in O.S.No.6 of 2023 before the learned Principal Junior Civil Judge, Nalgonda, and interim injunction was granted in favour of the petitioners therein vide order dated 08.01.2024 passed in I.A.No.5 of

2024.

4. While the matter stood thus, the unofficial respondents tried to alienate the subject property. To prevent the same, petitioners have approached the Civil Court and obtained an interim order not to alienate the suit schedule property. When the respondents have undertaken the construction work, the petitioners claiming right over the subject property, have submitted a representation and also lodged a criminal complaint against the unofficial respondents and have approached this Court by filing the present writ petition.

5. According to the learned counsel for the petitioners, unofficial respondents are proceeding with unauthorized construction.

6. Mr. K.Pradeep Reddy, learned Standing Counsel for the Gram Panchayat has relied on the averments in the counter affidavit filed by respondent No.5 wherein it is stated that unofficial respondents have not obtained any permission for construction and therefore, notice dated 21.05.2024 has been issued to stop the illegal construction.

7. Learned counsel for the unofficial respondents submitted that unofficial respondents have made an application in the year 2019 seeking permission for construction of a residential house and brought to the notice of this Court that they have duly paid a sum of Rs.2,050/- towards building permission fee. It is stated that the petitioners, being uneducated, were under bona fide impression that they can proceed with the construction as they have paid the building permission fee and after receiving injunction order from the Civil Court, they have stopped the construction.

8. However, learned counsel for the petitioners pointed out that the unofficial respondents are not uneducated persons and they have signed the affidavit in English. Therefore, they cannot plead ignorance of law for making unauthorized construction.

9. Having regard to the rival contentions and the material on record, this Court finds that admittedly the unofficial respondents have not obtained any permission from the authorities for making construction and mere payment of building permission fee for construction would not entitle them to make the construction. Further, there is an interim injunction obtained by the petitioners from the Competent Civil Court against the unofficial respondents. Therefore, unless and until, the said order is vacated, respondent No.8 cannot make any further construction and particularly when there is no construction permission granted by the official respondents.

10. Therefore, this Court is inclined to direct the official respondents No.2 to 5 to take action against the unauthorized construction made by respondent No.8. However, liberty is also granted to the unofficial respondents to