A writ of mandamus for the removal of alleged illegal constructions is not maintainable when the concerned authorities have conducted an enquiry and established that valid construction permissions were obtained and house taxes were consistently paid.

ORDER

This Writ Petition is filed seeking the following relief:-

“…to issue appropriate writ, order or direction especially one in the nature of a Writ of Mandamus declaring the inaction of the Respondent No.4 in not taking any action in respect of the illegal constructions carried out, in the land to an extent of Ac.0-17 Gts., covered by Sy.No.786, situated at Dabilpur Village, Medchal Mandal, Medchal-Malkajgiri District, Telangana State, without obtaining any permission from Grampanchayat, Dabilpur Village, Medchal Mandal, Medchal Malkajgiri District, Telangana State inspite of representation of the petitioner dated 28.01.2019 and inspite of the Memo bearing No.221/2019-B1 (Pts), dt.31.01.2019 issued by the 3rd respondent to the 4th respondent for taking necessary action, as illegal, arbitrary, violative of principles of natural justice and against the provisions of Panchayat Raj Act and Rules and consequentially direct the 4th respondent to take action against the illegal constructions by demolishing the same and pass…”

2. Heard Sri Chandra Shekhar Nizam, learned counsel representing Sri E.Poornachander Rao, learned counsel for the petitioner, Sri Ashok Kumar, learned Assistant Government Pleader for Panchayat Raj for respondent Nos.1 and 3, Sri K.Mahesh, learned Assistant Government Pleader for Revenue, for respondent No.2 and Sri Santosh Reddy, learned counsel representing Sri K.Pradeep Reddy, learned Standing Counsel for Gram Panchayat, ZPP and MPP for respondent No.4 and perused the record.

3. Learned counsel appearing for the petitioner would submit that the father-in-law of the petitioner late Abdul Khadar was the absolute owner and possessor of agricultural land to an extent of Ac.0.17 guntas in Sy.No.786, situated at Dabilpur Village, Medchal Mandal, Medchal-Malkajgiri District. After the demise of late Abdul Khadar, the subject property was mutated in the name of his son late Abdul Ibrahim, who is the husband of the petitioner. Thereafter, all the legal heirs of late Abdul Khadar have partitioned the subject property by virtue of a registered partition deed bearing document No.92 of 2014, dated 03.01.2014. When some persons were trying to encroach into the subject property and started making illegal constructions without obtaining any permission from Gram Panchayat, Dabilpur Village, the petitioner submitted a complaint to respondent Nos.3 and 4 on 28.01.2019 requesting them to take action against the illegal constructions. Basing on the said complaint respondent No.3 has issued a Memo to respondent No.4 vide Memo No.221/2019-B1, dated 31.01.2019 directing respondent No.4 to take necessary action against the illegal constructions. In spite of such a direction from respondent No.3, respondent No.4 did not take any action against the illegal constructions. Hence, the present writ petition.

4. Learned Standing Counsel appearing for the Gram Panchayat, ZPP and MPP, upon filing a counter, submits that the representation dated 28.01.2019 was duly received by the answering respondent and was enquired into. Upon such enquiry, it was found that several houses had been constructed on the subject land approximately 12 years ago and that house tax has been consistently levied on those existing structures, with house numbers having been duly assigned.

5. It is further submitted that one Mr. Jangaiah Yadaiah had undertaken renovation works to his house due to leakages, which included replacing ACC sheets in place of tiles and carrying out minor repairs to the existing compound wall in view of his son’s marriage. In this regard, a notice dated 0