THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION NO.23990 OF 2022

O R D E R

In this Writ Petition, the petitioners are challenging the notice issued by the 3^rd respondent on 23.05.2022 to stop the construction of compound wall and remove the constructed area within three (3) days, as illegal and arbitrary and without jurisdiction.

2. Vide interim order dt.27.05.2022, this Court had granted interim direction to the respondents not to demolish the compound wall raised in Survey No.486 of Kodakal Village, Shankarpalli Mandal, Ranga Reddy District.

3. The 3^rd respondent filed counter affidavit along with stay vacate petition in I.A.No.2 of 2022.

4. According to the petitioners, they are owners and occupants of the agricultural land to an extent of Ac.0.30 guntas in Survey No.486 of Kodakal Village, Shankarpalli Mandal having purchased the same through registered sale deeds. It is submitted that since the said land is nearer to Hyderabad city and to prevent the said land from being encroached by neighbours, the petitioners intended to fence the agricultural land and to construct a cattle shed therein and while doing so, the 3^rd respondent has issued the impugned notice dt.23.05.2022.

5. Learned counsel for the petitioners submitted that the land is an agricultural land and therefore, the petitioners are entitled to fence the said land to protect their land and crops and that the compound wall does not fall within the meaning of ‘building’ under the Telangana Panchayat Raj Act and therefore, there is no necessity for them to obtain building permission from the respondents and therefore, issuance of notice dt.23.05.2022 is without jurisdiction. He has also referred to G.O.Ms.No.67 dt.26.02.2002 to demonstrate that without converting the agricultural land into non-agricultural land and without obtaining layout permission, no construction can be made. Till such conversion is made, it is submitted that the land remains as agricultural land and the compound wall, if any, around the agricultural land would fall within the ambit of the Telangana Land Revenue Act, 1317 F and not under the Telangana Panchayat Raj Act.

6. Learned Standing Counsel for the respondent Gram Panchayat, on the other hand, relied upon the averments in the counter affidavit stating that the petitioners were constructing compound wall with bricks and cement and also erected a tin sheet in the land and therefore, the petitioners required permission of the Gram Panchayat and are governed by the provisions of the Telangana Panchayat Raj Act.

7. Having regard to the rival contentions and the material on record, this Court finds that the 3^rd respondent has filed photographs of the construction made by the petitioners along with the counter affidavit, and as seen therefrom, the land appears to be agricultural land, though no agricultural operations were evident therefrom. The agricultural land would not therefore fall within the purview of the Telangana Panchayat Raj Act. Any cattle shed in the agricultural land does not require the permission under the Telangana Panchayat Raj Act. The same would be governed by the Telangana Land Revenue Act, 1317 F. Therefore, the impugned notice dt.23.05.2022 is without jurisdiction and it is accordingly set aside.

8. The Writ Petition is accordingly allowed. No order as to costs.

9. Pending miscellaneous petitions, if any, in this Writ Petition including I.A.No.2 of 2022 shall stand closed.

___________________________ JUSTICE T. MADHAVI DEVI Date: 21.04.2025 Svv