THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION NO.27312 OF 2025

O R D E R

In this Writ Petition, the petitioner is challenging the inaction on the part of respondents 1 to 7 in taking any action against the unauthorised construction being made by respondents 8 and 9.

2. According to the petitioner, the unofficial respondents are encroaching into public road which is a passage leading to Peereela Chavidi and that no action has been taken against the unofficial respondents 8 and 9 though it has been brought to the notice of respondents 1 to 7.

3. Respondent No.6 has filed a counter affidavit stating that there was an old house bearing No.7-118 belonging to respondents 8 and 9 and that they have demolished the same for construction of a new house and also made an application on 14.04.2025 for grant of building permission. It is further submitted that on receipt of objections from one Maloth Nehru Naik and his brother, the said application has been reverted on 21.04.2025 and that thereafter, respondent No.8 has made a representation on 25.04.2025 stating that he will construct the house within the limits of his old house and sought for building permission and thereafter, a notice dt.28.04.2025 was issued to the said Maloth Nehru Naik calling for submission of documents to show that respondent No.8 herein had occupied his land and that Maloth Nehru Naik had given a reply on 03.05.2025 stating that the said property is Gram Kantam land and there are disputes over the said land. It is also stated that they have filed a suit in O.S.No.77 of 2025 on the file of Principal Junior Civil Judge at Mahabubabad and on the basis of the said submissions, the official respondents have reverted the building permission application dt.29.04.2025. It is stated that in the meantime, the present Writ Petition has been filed and due to pendency of the Writ Petition, no action has been taken on the building permission application of the unofficial respondents.

4. Learned counsel for the petitioner has relied upon the photographs filed along with the reply affidavit to state that the unofficial respondents are proceeding with the construction in the subject land.

5. Learned Standing Counsel for respondent Gram Panchayat has also forwarded copies of photographs to demonstrate that there was an old house in the subject land which has been demolished and subsequently in the same land, new construction is being made.

6. The unofficial respondents have also appeared personally and expressed their anguish over not being allowed to make construction of their house. They have submitted that the petitioner is harassing them wantonly in order to usurp their property.

7. Having regard to the rival contentions and the material on record, this Court finds that admittedly respondents 8 and 9 are owners of the land bearing G.P. Door No.7-118 and the photographs filed by the learned Standing Counsel for the respondent Gram Panchayat show that there was an old house in the said land which has been demolished by respondents 8 and 9 and they are constructing a new house thereon. However, they need to obtain permission from the authorities to do so. Since they have already made applications and the same were reverted on some objections and it is stated that respondents 8 and 9 have submitted a fresh application, this Court deems it fit and proper to direct the official respondents to consider the fresh application of respondents 8 and 9 and pass appropriate orders thereon expeditiously without reference to the suit filed by the petitioner in O.S.No.77 of 2025 on the file of Principal Junior Civil Judge, Mahabubabad and till such time a decision is taken on their application, respondents 8 and 9 are directed to maintain status quo as on today.

8. With the above directions, the Writ Petition is disposed of. No order as to costs.

9. Pending miscellaneous petitions, if any, in this Writ Petition shall stand closed.

___________________________ JUSTICE T. MADHAVI DEVI Date: 2