THE HON’BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.23735 of 2024

ORDER

This Writ Petition is filed challenging the action of respondents No.3 and 6 in not taking any action against unofficial respondents No.7 to 9 for undertaking construction in the land admeasuring Ac.0.05 guntas in Sy.No.455/AA, situated at Shetpally Village, Lingampet Mandal, Kamareddy District, and in not considering the representations of the petitioner dated 01.07.2024 and 06.07.2024 as illegal and arbitrary and consequently to direct respondent No.6 to demolish the structures being raised by respondents No.7 to 9 towards the west of the subject land and to pass such other order or orders.

2. Learned counsel for the petitioner reiterated the submissions made in the writ affidavit, stating that the petitioner has filed a suit in O.S.No.10 of 2024 on the file of Junior Civil Judge, Yellagreddy, Kamareddy District, against the unofficial respondents and that the Junior Civil Judge-cum-Judicial Magistrate of First Class, Yellareddy, in I.A.No.30 of 2024 had granted an ex-parte temporary injunction restraining the respondents therein/respondents No.7 to 9, their legal heirs, representatives, agents, servants and henchmen from interfering with the peaceful possession of the petitioner over the suit schedule property i.e., Ac.0.05 guntas in Sy.No.455/AA situated at Shetpally Village, Lingampet Mandal, Kamareddy District. It is submitted that despite the said injunction order, respondents No.7 to 9 have proceeded to undertake construction in the subject property without any permission from the concerned Gram Panchayat and therefore, the petitioner has made representations dated 01.07.2024 to 06.07.2024 to the official respondents praying to take action thereon, but since no action has been taken so far, the present Writ Petition has been filed.

3. Learned Standing Counsel for Gram Panchayat, appearing for respondent No.6, submitted that respondents No.7 to 9 had made applications for building permissions on 07.05.2024 and 02.03.2024 and that the same were reverted on 08.06.2024, 14.03.2024 and 27.08.2024 respectively. It is submitted that in spite of such reversion, respondents No.7 to 9 have proceeded with the construction and therefore, the impugned notices have been issued to them.

4. Learned counsel appearing for respondents No.7 to 9 submitted that the suit schedule property in O.S.No.10 of 2024 pertains to Sy.No.455/AA, whereas respondents No.7 to 9 have made applications for building permission in Sy.Nos.455/E2/1/1, 455/E2/2 and 455/E2/1/2, respectively. Therefore, according to him, there is no violation of the injunction order issued by the Civil Court. He further submitted that the applications for building permission were not reverted within the time prescribed under Section 114 of the Telangana Panchayat Raj Act, 2018 and hence, the deeming provisions would apply and as a result, respondents No.7 to 9 proceeded with the construction in accordance with the said deeming provisions. He also refuted the contention of the learned Standing Counsel that the application of respondent No.9 was rejected on the ground that he had already completed the construction without obtaining permission from the Gram Panchayat. He submitted that the said contention is incorrect, as the construction is only at the basement level. He has also drawn the attention of this Court to the photographs filed by the petitioner along with the writ petition to demonstrate that the construction is at basement level. He further submitted that the reversion orders were not communicated to respondents No.7 to 9 and with regard to the issue of whether the reversion order can be communicated by uploading them on the website or web portal, he placed reliance on the decision of this Court in W.P.No.9476 of 2024 dated 16.04.2024 in which it was held that such a mode of communication is not permitted.

5. Having regard to the rival contentions and the material on record, this Court finds that