THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION NO.31989 OF 2024

O R D E R

In this Writ Petition, the petitioner is seeking a Writ of Mandamus declaring the action of the 3^rd respondent in issuing the impugned Letter No.01/GRPT/24, dt.08.11.2024 to demolish the structures mentioned therein within a period of three (3) days, as illegal and arbitrary and consequently to set aside the same and to pass such other order or orders.

2. Brief facts leading to the filing of the present Writ Petition are that the 1^st petitioner claims to be the absolute owner and possessor of the premises bearing house No.6-83, Gopalraopet, Ramadugu Mandal, Karimnagar District having succeeded to the same from his father and the 1^st petitioner’s name was incorporated in the concerned Gram Panchayat records and he is in possession and enjoyment of the said house. The 2^nd petitioner claims to have inherited the premises bearing house No.6-77 which is adjacent to the house of the 1^st petitioner and both the petitioners claim to be in possession of their respective houses since several years. It is submitted that the structures of the premises of the house No.6-83 were in dilapidated condition and therefore, the 1^st petitioner obtained requisite permission from the 3^rd respondent on 18.06.2010 bearing No.2/2010 and laid new RCC roof and later in the year 2011, constructed the first floor and the 4^th respondent, who is the owner of the premises bearing house No.6-78 and whose house is located beside the houses of the petitioners, was not having any land as she has constructed in the entire land and no land was left over towards the petitioners’ houses. The petitioners claim that there was small open area between their houses, wherein wash room was constructed and the said wash room is behind the house of the 4^th respondent and that the impugned notice dt.08.11.2024 was issued alleging that a memo dt.22.01.2024 has been issued by the 2^nd respondent, but the said memo was not appended to the notice. Therefore, the petitioners were not aware of the contents of the said memo. The petitioners have received a notice dt.03.02.2024 from the 3^rd respondent, wherein the petitioners were directed to remove the structures within three days. It was observed therein that the said notice was issued basing on the complaint given by the 4^th respondent alleging that the 1^st petitioner has encroached into her property to an extent of (three) 3 feet and that the wash room of the 2^nd petitioner is constructed illegally. It is alleged that the 3^rd respondent has issued the said notice without any enquiry whatsoever and without following due process of law. Thus alleging, the said notice was challenged by the petitioners in W.P.No.3687 of 2024 and vide orders dt.06.08.2024, this Court had set aside the same and directed the respondents to conduct de novo enquiry by issuing notices to the petitioners as well as the unofficial respondent. Accordingly, the 3^rd respondent has issued notice dt.24.09.2024 and the statements of the petitioners as well as the 4^th respondent have been recorded and thereafter, another notice dt.23.10.2024 was issued to submit their link documents, if any, within a period of seven (7) days to take action for removal of the illegal encroachments. The petitioners claim that without affording any opportunity of hearing to the petitioners, the impugned notice dt.08.11.2024 has been issued and therefore, the present Writ Petition has been filed.

3. Learned counsel for the petitioners has reiterated the above submissions and has drawn the attention of this Court to the permission granted to the 1^st petitioner for construction in the year 2010-2011 and also to show that the wash room constructed by the 2^nd petitioner was available since then. He has referred to the photographs taken in the year 1998-99 which are filed at pages 47 and 48 of the writ papers.

4. This Court, vide orders dt.14.11.2024, had granted interim suspension of the impugned notice issue