THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION NO.16814 OF 2025

O R D E R

In this Writ Petition, the petitioners are challenging the inaction on the part of respondent No.7 in taking action against the illegal and unauthorised construction being carried out by respondent No.8 by encroaching into the petitioners’ land as well as the Gram Panchayat Gramakantam land, as illegal and arbitrary.

2. Petitioner No.1 claims to be the owner and possessor of the house bearing H.No.7-73 and petitioner No.2 claims to be the owner and possessor of the house bearing No.8-20 situated at Jajapur Village, Narayanpet Mandal and District, Telangana State and there is a land in between both the petitioners’ houses. The learned counsel for the petitioners submitted that respondent No.8 has created some sham documents on the basis of the ownership certificate given by the then Panchayat Secretary to an extent of 400 square feet and subsequently created gift settlement deed for the land admeasuring 220.83 square yards and has encroached into the petitioners’ land along with Gram Panchayat land and is making unauthorised construction thereon. The petitioners claim to have given representations to the official respondents to take action and thereafter a Praja Vani complaint on 17.02.2025 and consequent thereto, an enquiry was made and as per the enquiry report dt.11.01.2024, a memo was issued dt.23.01.2024 directing the Gram Panchayat to take action on the illegal and unauthorised construction being made by the unofficial respondent, i.e., respondent No.8 herein. However, no further action has been taken by the official respondents thereafter and therefore, the present Writ Petition has been filed.

3. Learned counsel for the petitioners has drawn the attention of this Court to the relevant enquiry report and on the basis of the same, this Court, vide order dt.13.08.2025, had directed the respondents to stop the construction that is being made by respondent No.8 immediately and to maintain status quo obtaining as on the said date. He submitted that in spite of the said interim order, respondent No.8 has proceeded to make construction and has violated the orders of this Court and has filed photographs of the present status of the building to demonstrate the same.

4. Learned counsel for respondent No.8 has filed a counter affidavit and also a stay vacate petition and submitted that the petitioners have not filed any documents to show their ownership over their properties and that they are disputing the title of respondent No.8 and therefore, the Writ Petition is not maintainable. He submitted that a suit in O.S.No.45 of 2025 is pending before the Principal Junior Civil Judge at Narayanpet and there is an injunction order in favour of respondent No.8 and against the petitioners herein. He submitted that respondent No.8 has submitted an application for building permission and the same has not been considered by the official respondents so far.

5. Respondent No.7 has filed a counter affidavit and also photographs of the building to demonstrate that the construction of respondent No.8 has been stopped. It is also stated that the building permission application of respondent No.8 has been reverted on 03.05.2024 with a direction to submit proper documents, but respondent No.8 has not submitted any documents so far. He further submitted that on the complaint of petitioner No.2 dt.02.01.2024, respondent No.4 has conducted an enquiry and in the enquiry, it was revealed that respondent No.8 had created document of gift deed dt.13.05.2020 bearing Document No.4118 of 2020 for an extent of 220.83 square yards instead of 44.5 square yards and therefore, a memo dt.23.01.2024 was issued to take action against the illegal construction and accordingly action was sought to be taken by issuing notices to respondent No.8, but respondent No.8 has made false complaint dt.16.06.2025 against respondent No.7 before the National Commission for SCs and STs under the Schedule