THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI

ORDER:

In this writ petition, the petitioners are seeking a writ of mandamus to declare inaction on the part of the respondents No.2 to 6 in taking any action against the construction being made by the unofficial respondents No.7 to 9, even though the said construction is illegal and unauthorized, as illegal, arbitrary and unconstitutional and consequently to direct the official respondents No.2 to 6 to restore the damaged link road/concrete road and Mission Bhageeratha water supply to the petitioners’ houses by demolishing the illegal building structure raised by the unofficial respondents No.7 to 9 and to pass such other order or orders in the interest of justice.

2. Brief facts leading to the filing of the present writ petition are that the petitioners are brothers and are claiming to be owners of H.Nos.1-66/2 and 1-66 of Sarpanpally Village, Vikarabad Mandal and District and claim to be living in the said premises. It is submitted that there is a main CC road leading from their village Sarpanpally to Nasanpalli Village and there is a concrete link road of 12 feet to the petitioners’ houses and there is a pipeline of Mission Bhageeratha under the ground of the said land. It is submitted that adjacent to the main road and the link road, is Gramakantam open land and the unofficial respondents No.7 to 9 are making construction of a building unauthorizedly in the Gramakantam land without taking any permission. Therefore, the petitioners claim to have made representations on 06.12.2022, 13.11.2023, 24.02.2024 and 27.02.2024 to the official respondents to stop the construction and also to restore the water pipelines of Mission Bhageeratha, which was damaged by the unofficial respondents during construction. It is submitted that the official respondents have issued a notice to respondent No.7 under Section 114(1) of the Telangana Panchayat Raj Act, 2018, for the stoppage of unauthorized construction, but the same was not considered at all and the unofficial respondents continued to make construction and therefore, Gram Panchayat has also passed a unanimous resolution dated 10.05.2023 to stop the illegal and unauthorized construction, but there was no attention paid to the same by the unofficial respondents. Therefore, the petitioners are constrained to approach this Court by filing this writ petition.

3. This Court, vide orders dated 01.03.2024, had granted interim direction to the respondents No.2 to 6 to take steps to stop the unauthorized building construction being made by the respondents No.7 to 9, situated at Sarpanpally Village, Vikarabad Mandal and District. The learned counsel appearing for the unofficial respondents No.7 to 9 relied upon the averments made in the stay vacate petition filed and on 31.12.2024 it was submitted before this Court that the respondents No.7 to 9 has made another application for building permission on 01.03.2024 but the same has been reverted by the authorities. Learned counsel for the petitioners on 09.04.2025 alleged that the unofficial respondents are proceeding with the construction. Learned Standing Counsel for the Gram Panchayat, however, submitted that construction has been stopped and sought time to file photographs in support of the said contention. Learned counsel for the unofficial respondents, however, submitted that the building permission application has not been rejected within the prescribed time and under the deemed provisions, they have completed the construction.

4. Learned Standing Counsel for Gram Panchayat relied on the averments in the counter affidavit wherein it is stated that upon receipt of the representation of the petitioners on 06.12.2022, the notices dated 08.12.2022 and 30.12.2022 were given to stop the illegal construction and they were directed to apply for house building permission by submitting the required documents. It is stated that the unofficial respondents did not act upon the notices and proceeded to make illegal