THE HON’BLE SRI JUSTICE T. VINOD KUMAR WRIT PETITION Nos.22185 and 27473 of 2019

COMMON ORDER

Since the lis involved in both the Writ Petitions are interconnected and the parties being common, they are being disposed of by this common order.

W.P.No.22185 of 2019

2. The petitioners herein by the present Writ Petition are seeking to declare the inaction on the part of respondent Nos.2 and 3 in not preventing the encroachments and illegal construction made by the unofficial respondents in the land adjoining Sri Ramalingeswara Swamy Temple at Dandu Malkapuram village, Choutuppal Mandal, Yadadri-Bhuvanagiri District (for short ‘Temple’) as illegal, arbitrary and violative of the provisions of the Telangana Panchayat Raj Act, 2018 (for short ‘the Act’), with a consequential direction to respondent Nos.2 and 3 to take appropriate action on the illegal constructions made thereon by removing the same.

W.P.No.27473 of 2019

3. The petitioners herein are respondent Nos.4 to 6 in W.P.No.22185 of 2019, and by the present Writ Petition, they seek to declare the action of respondents more particularly respondent No.3 in issuing notice dated 06-12-2019 without conducting any enquiry/panchnama and without considering the written reply/explanation submitted by them and directing them to demolish the wall within 24 hours from the receipt of notice, which action, it is contended as highly illegal and arbitrary.

4. For the ease of reference, the parties will be referred to as per their array in W.P.No.22185 of 2019.

5. The case of the petitioners is that the unofficial respondents, are trying to encroach the public property belonging to the Temple adjacent to their property with a mala fide intention / oblique motive and that the 3^rd respondent is not taking steps to prevent such encroachment.

6. The petitioners contend that the unofficial respondents are their neighbours and are all carpenters by profession from their forefathers, and that they have no enmity with them at any point of time.

7. It is the further case of petitioners that while the unofficial respondent initially used to do carpentry work with hand tools, due to technological advancement, they started using heavy machinery for the purpose of cutting wood, carving, engraving and drilling resulting in heavy noise and giving rise to saw dust leading to environment pollution.

8. It is the further case of petitioners that as the unofficial respondents by using the machinery in their professional work, are causing noise pollution in the neighborhood, the petitioners gave representation dated 01-12-2017 to the 3^rd respondent and as no action was taken thereon, the petitioners have approached this Court by filing W.P.No.3880 of 2018, wherein notice has been issued to the respondents and the same is pending as of date.

9. Petitioners further contend that on they filing the subject Writ Petition, the unofficial respondents herein have stopped the work and thereafter are trying to erect a tin shed in front of their house in the land belonging to Endowment Department and Gram Panchayat shown as Grama Kantam land.

10. Petitioners further contend that the aforesaid land wherein the unofficial respondents are trying to erect a shed for their carpentry work does not belong to them and the said construction is being made without taking any permission from the 3^rd respondent.

11. Petitioners also contended that the Assistant Commissioner, Endowment Department, Nalgonda had issued orders dated 31-07- 2019 that the land adjacent to the unofficial respondents’ house admeasuring 310 sq. yards belongs to the Temple and requested the

3^rd respondent to take over the vacant land.

12. Petitioners further contend that the unofficial respondents have only right in respect of land admeasuring 141 sq. yards however, in excess of the said land, they have taken up construction of shed by encroaching into the land of the Temple belonging to the Endowment Department; that despite the petitioners giving a detailed report on 21-09-20