THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION NO.386 OF 2025

O R D E R

In this Writ Petition, the petitioners are seeking a Writ of Mandamus declaring the inaction of respondents 1 to 5 in taking any steps against the illegal construction being made by the 6^th respondent by encroaching into the passage of the petitioners’ property, as illegal and arbitrary.

2. Learned counsel for the petitioners submitted that the 6^th respondent, without obtaining any permission from the Gram Panchayat, has made construction of four floors and in spite of several representations being made by the petitioners, no action has been taken by the official respondents. The photographs of the building are also filed to demonstrate that the 6^th respondent has constructed four floors on the subject site.

3. Learned Standing Counsel for the 5^th respondent Gram Panchayat has relied upon the averments made in the counter affidavit stating that pursuant to the complaint received from the petitioner, the 6^th respondent was issued several notices starting from 01.02.2023 till 24.01.2025. He submitted that the skeleton structure has been constructed.

4. Learned counsel appearing for the 6^th respondent submitted that the 6^th respondent is not making any construction and that the 6^th respondent has gifted the property to his sons who are making construction. He also filed copy of the gift deed and further submitted that the sons of the 6^th respondent have obtained permission for construction for ground + 2 floors on 06.07.2021 and have accordingly made construction. He has also filed photographs of the building. The learned counsel for the 6^th respondent further submitted that the sons of the 6^th respondent have made further applications for construction permission after the lapse of the permitted period and the same are under consideration of the 5^th respondent.

5. Learned counsel for the petitioner, however, disputed gifting of the property by the 6^th respondent in favour of his sons.

6. In view thereof, this Court deems it fit and proper to direct the 5^th respondent to consider the complaint of the petitioner as well as the documents of the 6^th respondent and his sons who have sought building permission and thereafter take a decision in accordance with law, particularly in the light of the notices already issued by the 5^th respondent. Till such time that the 5^th respondent takes a decision, the 6^th respondent or his sons shall not make any further construction and shall maintain status quo obtaining as on today. The 5^th respondent shall take a decision within a period of two months from the date of receipt of a copy of this order.

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

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

___________________________ JUSTICE T. MADHAVI DEVI Date: 07.08.2025 Svv