Smt. Kalyani Chimata, v. The State of Telangana

Court: High Court for State of Telangana

Bench: T.MADHAVI DEVI

Judgment date: 2024-12-31

Case summary

High Court for State of Telangana judgment dated 2024-12-31. Smt. Kalyani Chimata, v. The State of Telangana. Read the judgment and case details on LawSphereX.

Judgment text

I [ 321e 1 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original J urisdiction) TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENry FOUR PRESENT THE HONOURABLE SMT JUSTICE T. MADHAVI DEVI WRIT PETITI ON Nos. 36850, 36864, 36871, 36874 and 36889 OF 2024 WR lT PETITION NO: 36850 OF 2024 Between: Ballure Srikanth, S/o. Ballure Bheem Rao, Aged about 33 years, Occ: Private Employee, R/o. H. No. 5-141 , R. K. Nagar -'1 , lndresham Village, Patancheru Mandal, Sangareddy District. ... PETITIONER AND 1 The State of Telangana, Rep. by its Principal Secretary Panchayat Raj and Rural Development Department TS Secretariat, BRK Bhavan, Saifabad, Hyderabad 2 The District Collector, (Panchayat Wing) Sangareddy, Sangareddy District, 3. The District Panchayat Officer, Sangareddy, Sangareddy District 4. The Gram Panchayat -lndresham, Rep by its Panchayat Secretary Patancheruvu Mandal, Sangareddy District- . ,.

RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents particularly respondent Nos. 3 and 4 in interfering with the peaceful possession and enjoyment and threatening to demolish the petitioner Residential house bearing no. 5- 14'1, SL. No. 42, Constructed on Plot No. 141lPart in Northem Side Portion, in Sy. Nos. 148lAA, E and 165/4, AA, total admeasuring to an extent 1 1 1 Sq. Yards which is equivalent to 92. 88 Sq. Mtrs. With plinth area of Ground Floor 925 Sq. Feets and '1850 First Floor Plinth area 925 Sq. Feets, ihus the total built up area of Sq. h Feets.

Roof covered with RCC, Situated at R'K' Nagar Colony' lndresham Village' Patancheru Mandal and Sangareddy District, without having any authority, without due giving any notice and stating any reason for interference despite having issued daled24 '7 vide Permit No 167/ GPtkalZOlS '2018 construction permission illegal' arbitrary and violation of Articles by the 4th respondent Gram Panchayat is oi principles of natural of lndia apart from violation 14 and 300-A of Constitution not to interfere and not to the respondents to justice. and consequently direct house bearing no'5-141 Sl'No 42' Constructed demolish the petitioner Residential ' E and 165/A'AA' in Sy' Nos'148/AA' on Plot No. 141lPaftin Northern Side Portion' to 92'88 Sq' is equivalent an extent 111 Sq Yards which total admeasuring to area Ground Floor 925 Sq' Feets and First Floor Plinth Mtrs. With plinth area of area of 1850 Sq Feets' Roof covered with 925 Sq.

Feets, thus the total built up and Village' Patancheru Mandal RCC, Situated at R. K. Nagar Colony, lndresham SangareddY District IA NO :1OF 2O24 in praying that in the circumstances stated Petition under Section 151 CPC direct court support of the petition, the High may be preased to the affidavit fired in the petitioner to interfere in any manner / demolish the respondents to not No' 141/Part Constructed on Plot no 5-141' SL No' 42' Residential house bearing to & 165/A' AA' total admeasuring in Sy' Nos 14BIAA' E in Northern Side Portion, With plinth area ol to 92 88 Sq' Mtrs an extent 111 Sq. Yards which is equivalent the Plinth area 925 Sq' Feets' thus Ground Floor 925 Sq. Feets and First Floor Situated at R'K' 1850 Sq Feets Roof covered with RCC' total built up area of Mandal and Sangareddy District' Nagar Colony, lndresham Village, Patancheru pending disposal of the Writ Petition' MS' K' RAJITHA' REP.

BY Counsel for the Petitioner: SRI JALAPALLI MADHAVI REDDY RAJ RURAL Nos'1 to 3: GP FOR PANCHAYAT Counsel for the Respondent DEVELOPMENT SHEKAR REDDY' SC SRI R' CHANDRA Counsel for the Respondent No'4: WRIT PETITION NO: 36864 OF 2024 Between: Smt. Sirikonda Nagamani, W/o. Biksham, Aged about 35 years, Occ. Homemaker, R|/o. H. No. 5-352, R. K. Nagar -1 , lndresham Village, Patancheru Mandal, Sangareddy District. ... PETITIONER AND '1 . The State of Telangana, Rep. by its Principal Secreta ry, Panchayat Raj and Rural Development Department, TS Secretariat, BRK Bhavan, Saifabad, Hyderabad. 2. The District Collector, (PanchayatWing) Sangareddy, Sangareddy Dishict. 3. The District Panchayat Officer, Sangareddy, Sangareddy District. 4. The Gram Panchayat -lndresham, Rep. by its Panchayat Secretary, Patancheruvu Mandal, Sangareddy District. ...

RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that In the circumstances stated in the affidavit filed {herewith, the High Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents particularly respondent Nos. 3 and 4 in interfering with the peaceful possession and enjoyment and threatening to demolish the petitioner house bearing no. 5-352 in house plot no. 352 in Sy. No. 148/fuAA and E total admeasuring to an extent 166. 5 Sq. Yards which is equivalent to 139. 40 Sq. Mtrs. Situated at R. K.

Nagar Colony, lndresham Village, Patancheru Mandal and Sangareddy (the then Medak) District, without having any authority, without giving any notice and stating any reason for interference despite having due clnstruction permission issued by the 4th respondent Gram Panchayat is illegal, arbitrary and violation of Articles 14 and 300-A of Constitution of lndia apart from violation of principles of natural justice and consequently direct the respondents to not to interfere and not to demolish the petitioner house bearing no. 5-352 in house plot no. 352 in Sy. No. 1,18/A/AA and E total admeasuring to an extent 166. 5 Sq. Yards which is equivalent to 139. 40 Sq. Mtrs. Situated at R. K. Nagar Colony, lndresham Village, Patancheru Mandal and Sangareddy (the then Medak) District.

E* B" IAN O:1 oF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to interfere in any manner / demolish the petitioner house bearing no. 5-352 in house plot no. MOW Sy. No. 148/A/AA and E total Sq. Yards which is equivalent to 139. 40 Sq' Mtrs. admeasuring to an extent 166. 5 Situated at R. K. Nagar Colony, lndresham Village, Patancheru Mandal and (the then Medak) District, pending disposal of the Writ Petition. Sangareddy MS. K. RAJITHA, Counsel for the Petitioner: REP. BY SRI JALAPALLI MADHAVI REDDY to PANCHAYAT RAJ RURAL Counsel forthe Respondent Nos. 1 3: GP FOR DEVELOPMENT Respondent No. 4: SRt R. CHANDRA SHEKAR REDDY, SC Counsel forthe WRIT PETITlo N NO: 36871 OF 2024 Between: Smt. N. Padma, Wo. N. Subba Rao, Aged about 46 years, Occ. Private Service, Ryo. H. No. 5-177, R. K.

Nagar -1, lndresham Village, Patancheru Mandal, SangareddY District. ... PETITIONER AND 1. The State of Telangana, Rep. by its Principal Secretary Panchayat Raj and Rural Development Department TS Secretariat, BRK Bhavan, Saifabad, Hyderabad 2. The District Collector, (Panchayat Wing) Sangareddy, Sangareddy District, / 3. The District Panchayat Officer, Sangareddy, Sangareddy District 4. The Gram Panchayat -lndresham, Rep by its Panchayat Secretary Patancheruvu Mandal, Sangareddy District ... RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents particularly respondent Nos. 3 and 4 in interfering with the peaceful possession and enjoyment and threatening to demolish the petitioner house bearing no. 5-177 in plot no. 177 in ! a I b I Sy. No.

165/4, Sy. No. 165iAA, Sy. No. 165/E Sy. No. 148/AA, Sy. No. '148lE, admeasuring to an extent of |66 sq. yds. situated at R. K. Nagar Colony, lndresham Village, Patancheru Mandal and Sangareddy (the then Medak) District, without having any authority, without giving any notice and stating any reason for interference despite having due construction permission vide Proceeding No. 278 / GP. KA/ 2018 dated. 26 . 07. 2018 issued by the 4th respondent Gram Panchayat is illegal, arbitrary and violation of Articles 14 and 300-4 of Constitution of lndia apart from violation of principles of natural justice and consequently direct the respondents to not to interfere and not to demolish the petitioner house bearing no. 5-177 in plot no. 177 in Sy. No. 165/4, Sy. No. 165/4,4, Sy. No. 165/E Sy. No. 148lAA, Sy. No. '148/E, admeasuring to an extent of 166 sq. yds. situated at R. K. Nagar Colony, Indresham Village, Patancheru Mandal and Sangareddy (the then Medak) District.

lA NO: 1 OF 2024 Petition under Section 'l 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to not to interfere in any manner i demolish the petitioner house bearing no. 5-177 in plot no. 177 in Sy. No. 165/A, Sy. No. 165iAA, Sy. No. 165/E '148lE, '166 Sy. No. 148/AA, Sy. No. admeasuring to an extent of sq. yds. situated at R. K. Nagar Colony, lndresham Village, Patancheru Mandal and Sangareddy (the then Medak) District, pending disposal of the Writ Petition. Counsel for the Petitioner: MS. K. RAJITHA, REP. BY SRI JALAPALLI MADHAVI REODY Counsel forthe Respondent Nos. 1 to 3: GP FOR PANCHAYAT RAJ RURAL DEVELOPMENT Counsel for the Respondent No. 4: SRI R. CHANDRA SHEKAR REDDY, SC WRIT PETITION NO : 36874 OF 2024 Between: Smt. Pala Shobha Rani, Wo. Pala Yadagiri Goud, Aged about 53. y. -ears, - Village, OCC. Housenold, R/o. H. No. 5-16, R.

K' Nagar -1, lndresham Patancheru Mandal, Sangareddy District. ... PETITIONER AND 1 The State of Telangana, Rep. by its Principal Secretary Panchayat Raj. and Ruiai oevetopmen[ DepartmeniTS Secreiariat, BRK Bhavan, Saifabad, 'Hyderabad District, 2 The District Collector, (Panchayat Wing) Sangareddy, Sangareddy 3 The District Panchayat Officer, Sangareddy, Sangareddy District its Panchayat Secretary 4. The Gram Panchayat -lndresham, Rep by Patancheruvu Mandal, Sangareddy District ... RESPONDENTS Petition under Article 226 ot the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a Writ, order or direction more particularly one in the nature of wRlT oF MANDAMUS declaring the action of respondents particularly respondent Nos. 3 and 4 in interfering with the peaceful possession and enjoyment and in house plot no. 16 threatening to demolish the petitioner house bearing no. 5-16 '166'6 in Sy.

14BlA, E and 165/4, AA, total admeasuring to an extent Sq' No. Colony, Yards which is equivalent to 139. 2 Sq. Mtrs' Situated at R. K. Nagar then Medak) District, lndresham Village, Patancheru Mandal and sangareddy( the and stating any reason for without having any authority, without giving any notice . 20't 6 issued interference despite having due construction permission daled. 21. o1 of Articles by the 4th respondent Gram Panchayat is illegal, arbitrary and violation 14 and 300-A of constitution of lndia apart from violation of principles of natural justice and consequently direct the respondents to not to interfere and not to demolish the petitioner house bearing no. 5-16 in house plot no. 16 in Sy. No' '166. 6 Sq. Yards which is 1481A, E and 165/A, AA, total admeasuring to an extent equivalent to 139. 2 Sq. Mtrs. Situated at R'K. Nagar Colony, lndresham Village, Patancheru Mandal and Sangareddy( the then Medak) District.

-1 lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to not to interfere in any manner i demolish the petitioner house bearing no. 5-16 in house plot no. 16 in Sy. No. 148/A, E and 165/4, AA, total '139. 2 admeasuring to an extent 166. 6 Sq. Yards which is equivalent to Sq. Mtrs. Situated at R. K. Nagar Colony, lndresham Village, Patancheru Mandal and Sangareddy( the then Medak) District, pending disposal of the Writ Petition. Counsel for the Petitioner: MS, K. RAJITHA, REP. BY SRI JALAPALLI MADHAVI REDDY Counsel for the Respondent Nos. 'l to 3: GP FOR PANCHAYAT RAJ RURAL DEVELOPMENT Counsel for the Respondent No. 4: SRI R. CHANDRA SHEKAR REDDY, SC WRIT PETITION NO: 36889 OF 2024 Between: Smt. Kalyani Chimata,, Wo. Raju, Aged about 31 years, Occ. Software Employee, F/o. H. No. 5-35'1, R. K.

Nagar -'l , lndresham Village, Patancheru Mandal, Sangareddy District. ... PETITIONER AND 1 The State of Telangana, Rep. by its Principal Secreta Panchayat ry Raj and Rural Development Department TS Secretariat, BRK Bhavan, Saifabad, Hyderabad 2. The District Collector, (Panchayat Wing) Sangareddy, Sangareddy District, 3. The District Panchayat Officer,, Sangareddy, Sangareddy District 4. The Gram Panchayat, lndresham Rep by its Panchayat Secretary Patancheruvu Mandal, Sangareddy District ... RESPONDENTS Petition under Article 226 o'l the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or direction more particulady one in the nature of WRIT OF MANDAMUS declaring the action of respondents particularly respondent Nos. 3 and 4 in interfering with the peaceful possession and enjoyment and threatening to demolish the petitioner house bearing no. 5-351 in house plot no. Sq. 351 in Sy, No.

148/AA, E and 165/A,A4, total admeasuring to an extent 166. 6 Situated at R'K. Nagar Colony' Yards which is equivalent to 139-2 Sq. Mtrs' then Medak) District' lndresham Village, Patancheru Mandal and sangareddy(the for without having any authority, without giving any notice and stating any reason no. due construction permission proceeding interference despite having issued the 4th respondent Gram Panchayat 01tGP. Ka. t2O21 dated. 03. 01 . 2021. by I is illegal, arbitrary and violation of Articles 14 and 30o-A of constitution of lndia d irect the apart from violation of principles of natural lustice and consequently to demolish the petitioner house bearing respondents to not to interfere and not no. 351 in 148/AA, E and 165/4,AA, total no. 5-351 in house plot Sy. No. '139. 2 Mtrs. extent 166. 6 Sq. Yards which is equivalent to Sq. admeasuring to an SituatedatR. K. NagarColony,lndreshamVillage,PatancheruMandaland Sangareddy(the then Medak) District.

IA NO: 1 OF 2024 Petition under section 151 CPC praying that in the circumstances stated in theaffidavitfiledinsupportofthepetition,theHighCourtmaybepleasedtodirect the respondents to not to interfere in any manner / demolish the petitioner house bearing no. 5-351 in house plot no. 351 in Sy. No. 1,18/AA, E and 165/A,AA, total admeasuring to an extent 166. 6 Sq. Yards which is equivalent to 139. 2 Sq. Mtrs. SituatedatR. K. NagarColony,lndreshamVillage,PatancheruMandaland Sangareddy(the then Medak) District, pending disposal of the writ Petition. Counsel for the Petitioner: MS. K. RAJITHA' REP' BY SRI JALAPALLI MADHAVI REDDY CounselfortheRespondentNos. lto3:GPFORPANCHAYATRAJRURAL DEVELOPMENT Counsel for the Respondent No. 4: SRI R. CHANDRA SHEKAR REDDY' SC The Court made the following: COMMON ORDER I TIIE IIONOURABLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION NO s. 36850.

36854, 36871, 36A7+ and 36889 of 2024 COMMON ORDER: In all these writ petitions, the petitioners are alleging that the respondents a-re intentionally coming to their properties and threatening to demolish their houses without any basis and without issuing any notices to them. 2. Learned counsel for the petitioners submitted that the petitioners have purchased their properties from their predecessors in title and that their predecessors in title have already obtained permissions from the Gram Panchayat I before making constructions and therefore, their t constructions are not illegal. 3. karned Standing Counsel for Panchayat R"j has obtained written instructions from the District Panchayat Officer, Sangareddy District, stating that there was no notice issued nor were any attempts to demolish in respect of the said properties and that the petitioners are intentionally misguiding the High Court and therefore, the writ petitions may be dismissed. I 4.

In view of the above submissions made by both the parties, this Court is of the opinion that there is no imminent threat to the properties of the petitioners and the respondents shall not interfere with the peaceful possession of the petitioners without following due process of law. 5. With the above observations, these writ petitions are disposed of. There shall be no order as to costs. 6. Miscellaneous petitions pending, if any, shall stand closed. SDAN. SRIHARI / ASSISTANT REGISTRAR / //TRUE COPYII sEcTtoN To, brHceR 1. \ lBilB:i:,1i? hlig:}',}iii*? gHft {li. i*. l,ffi is,,iff The District Collector. (pan 'srf, :*? itt:HB:, 3. 4. i,:#t*ifi iliffi Ui[i]! ff iflie,:ff "i:1"'i1. 'd;#i3'i3i3,'#*; 5. 6. ?. l333J%'6J"1? '#*l1l,li'45,$Jfi,t1ffi i",8f,,,,%hcourtrorthe 7. Till,5'#S*rar-Reddy,sctopucl i'. i"9"{F8ltf 8. Two CD Copies TJ BS s lF' HIGH COURT DATED:31 11212024 1 HE S TA 14: ( i llr trtt 2u[ 24 rri :i \.. 7+ * D €. qar :-^t. ,'-'l I ORDER WRIT PETITION Nos.

36850, 36864, 36871, 36874 and 36889 0F 2024 DISPOSING OF THE ALL WRIT PETITIONS WITHOUT COSTS o*,'o w

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